Patterson Belknap Webb & Tyler LLP

StubHub to Ticketmaster: Don’t Block Our Sales

On March 29, 2015, StubHub, Inc. brought an antitrust action against the Golden State Warriors LLC (the “Warriors”) and Ticketmaster, L.L.C. (“Ticketmaster”), alleging that they monopolized the ticket resale market by forcing…more
| Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Commercial Law & Contracts

Second Circuit Hears Argument in People of the State of New York v. Actavis PLC

On April 13, 2015 the Second Circuit (Hon. Walker, Raggi, Droney) heard oral argument in People of the State of New York v. Actavis PLC. This case began in September 2014, when the New York Attorney General’s Office (the…more
| Antitrust & Trade Regulation, Civil Remedies, Consumer Protection, Health, Science, Computers, & Technology

Court Sacks Photographers’ Antitrust Claims Against the NFL and its Member Teams

Allegations of conspiracy to restrain trade and exclusive dealing may read like textbook antitrust claims, but if the allegations are made by a plaintiff who is not an “efficient enforcer” of the antitrust laws, the complaint is…more
| Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Intellectual Property

St. Luke’s Asks Ninth Circuit to Reconsider Health Care Merger Case

St. Luke’s Health System and Saltzer Medical Group last week asked the full Ninth Circuit to reconsider its ruling that their merger violated federal antitrust laws. St. Luke’s purchased physician group Saltzer in 2012…more
| Antitrust & Trade Regulation, Civil Procedure, Mergers & Acquisitions, Health

Navigating Protective Order and Prosecution Bar Issues in BPCIA Litigation

Protective orders preventing litigation counsel from participating in the prosecution of litigation-related patents are commonplace. The Biologics Price Competition and Innovation Act (“BPCIA”), for example, provides a default…more
| Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

Russia Amends Criminal Code on Antitrust Violations

Russia has amended its criminal code on cartels, signaling a major change in antitrust law enforcement. On March 8, 2015, President Vladimir Putin signed a Federal Law “introducing changes to Article 178 of the Criminal Code of…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Criminal Law

SEC Cracks Down On Employment Agreements That Stifle Corporate Whistleblowers

On April 1, 2015, the Securities and Exchange Commission (“SEC”) gave a boost to corporate whistleblowers, reaching its first settlement with a company accused of stifling whistleblowing activity through the use of restrictive…more
| Administrative Law, Business Organizations, Commercial Law & Contracts, Labor & Employment Law, Securities Law

New UK Competition Watchdog Sets Its Sights on Cartels

The UK’s Competition and Markets Authority (CMA) recently released its Annual Plan for 2015/2016. The Plan announces the CMA’s enforcement priorities for what will be the second year since the new organization assumed its role…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Criminal Law, International Law & Trade

In re: Aluminum Warehousing: Cats Live for Another Day

On March 26, 2015, U.S. District Judge Katherine Forrest of the Southern District of New York, in a very colorful decision that metaphorically describes the plaintiffs as cats trying to locate a “rat” in the world of aluminum…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Finance & Banking

Supreme Court Shows Reluctance to Overturn Brulotte’s Prohibition on Post-Expiration Royalties

Yesterday the Supreme Court heard oral argument in Kimble v. Marvel Enterprises, one of the most important cases on the Court’s docket this term for antitrust and patent law practitioners. As we previously discussed, in Kimble…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Intellectual Property

Ninth Circuit Hears Oral Argument in O’Bannon v. NCAA

On March 17, 2015, a Ninth Circuit panel consisting of Chief Judge Sidley R. Thomas, Circuit Judge Jay S. Bybee and Senior U.S. District Judge Gordon J. Quist, of the Western District of Michigan heard oral argument in O’Bannon…more
| Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Civil Procedure, Constitutional Law, Education

Impact of Supreme Court’s Commil v. Cisco?

On March 31, the Supreme Court heard oral argument in Commil USA LLC v. Cisco Systems Inc. The Supreme Court considered the Federal Circuit’s holding that a belief in a patent’s invalidity is a defense to inducing infringement…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

California District Court Denies Amgen’s Motion for a Preliminary Injunction on BPCIA

On March 19, Judge Seeborg of the Northern District of California denied Amgen’s motion for a preliminary injunction in Amgen v. Sandoz. Sandoz recently won the first-ever FDA approval for a biosimilar for its product Zarxio,…more
| Administrative Law, Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Biosimilars Await Naming Guidance From FDA

Earlier this month, the FDA announced the first approval of a biosimilar product under the Biologics Price Competition and Innovation Act (BPCIA). The new Sandoz product, which will be sold under the trade name Zarxio, is a…more
| Administrative Law, Health, Science, Computers, & Technology

The Supreme Court Weighs in on The Pregnancy Discrimination Act – Providing Guidance to Employers and Protections for Pregnant Workers

The Supreme Court has recently issued an important opinion, Young v. United Parcel Service, Inc., clarifying the protections afforded by the Pregnancy Discrimination Act (“PDA”). The PDA mandates that employers treat…more
| Civil Procedure, Civil Rights, Labor & Employment Law
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