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Standards and Injunctions Under EU Competition Law

In two decisions issued in April 2014, the European Commission (the Commission) provided further clarification as regards the circumstances in which patentees can seek injunctions to protect their standard-essential patents...more

Doing Business in Latin America and The Caribbean: Ecuador

Situated on the northwest coast of South America, the Republic of Ecuador encompasses an area of approximately 256,549 square kilometers, or 99,438 square miles. Ecuador is a constitutional, democratic, sovereign and...more

Hot Topics In Intellectual Property And Antitrust Law

Overview of Presentation: The Antitrust / IP interface • Observers have long noted a perceived tension between antitrust and IP law • IP law aims to create legally sanctioned zones of exclusivity • It...more

Antitrust and Competition Newsletter - December 2013

Japan’s METI Submits Amicus Brief in the TFT-LCD Litigation Seeking to Limit the Extraterritorial Reach of U.S. Antitrust Laws - On Oct. 31, 2013, Japan’s Ministry of Economy, Trade and Industry submitted a brief in...more

Business Litigation Report -- September 2013

In This Issue: ..Private Antitrust Litigation in the UK ..First Decision by PTO Under America Invents Act Invalidates Business Method Patent ..September 2013: Bankruptcy & Restructuring Litigation...more

Can Reverse Payments In Patent Settlements Constitute Criminal Cartel Conduct?

It is a well-established and universally accepted principle of competition law that a payment by one competitor to another competitor not to enter a market is anticompetitive, and in Australia since 2010 a criminal offence....more

European Union Antitrust Law and License Agreements: Proposed changes to the Technology Transfer Block Exemption Regulation...

SaChanges afoot - European antitrust law (often referred to as competition law) has tried for several decades to balance patent rights (which, until EU-wide patent rights are implemented, remain inherently...more

FTC v. Actavis Decision Offers Guidance to Drug Manufacturers

June 18, 2013 – The Supreme Court handed down a 5-3 decision yesterday in FTC v. Actavis, Inc., holding pay-for-delay agreements are subject to antitrust review, but are not presumptively unlawful. The decision was authored...more

Antitrust and Competition Newsletter - June 2013

Competition and Innovation: Application of European Competition Law to a Rival’s Demand for Access to a Competitor’s Data - The Internet has given rise to information-based businesses that create value by accumulating...more

Supreme Court Oral Argument in FTC v. Actavis

The Supreme Court heard oral argument in Federal Trade Commission v. Actavis (the caption for what was Federal Trade Commission v. Watson Pharmaceuticals, Inc. in the 11th Circuit opinion below) last Monday, with Deputy...more

European Commission Proposes Changes to the Rules Applicable to Technology Licensing

On 20 February 2013, the European Commission launched a public consultation in relation to a draft proposal for a revised block exemption for technology transfer agreements (the proposal). The Commission seeks to improve and...more

Proposed Amendments to the EU Competition Assessment of Technology Transfers

The European Commission (the "Commission") is considering revisions to the rules governing the assessment of technology transfer agreements such as patent licences in advance of the expiry of the existing rules on 30 April...more

Antitrust and Competition Newsletter - February 2013

In This Issue: - A Modern Look at the Nine ‘No-Nos’ of Patent Licensing Under U.S. Antitrust Law: The First Four ‘No-Nos’ - Supreme Court Grants Cert. in Watson Reverse Payment Settlement Case - 7th Circuit...more

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

Skadden's 2013 Insights: Global Litigation

New legal ground is expected to be broken this year in areas of importance to companies and their directors, officers and executives. We see those developments coming from around the globe and defining the litigation...more

FTC-Google Consent Decree Provides Important Lessons Regarding Standards-Essential Patents

On January 3, 2013, the Federal Trade Commission (FTC) entered into a Consent Decree with Google Inc. (“Google”) and its wholly owned subsidiary Motorola Mobility LLC (“Motorola”). The decree settles allegations that Google...more

IP Update, Vol. 15, No. 12, December 2012

In This Issue: Patents - ..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in...more

Top Posts of 2012

Here’s a quick summary of the top five blog posts from 2012. 1. American Express Can’t Enforce Arbitration Agreement Antitrust Class Action Waiver. Discussing the Second Circuit case refusing to enforce an American...more

Patent Watch: Presidio Components, Inc. v. Am. Tech. Ceramics Corp.

[A] finding of no competition for the purpose of irreparable harm conflicts with the clear finding of competition for the purpose of awarding damages. On December 19, 2012, in Presidio Components, Inc. v. Am. Tech....more

AstraZeneca v European Commission: Case C-457/10 P

Introduction - On 6 December 2012, the European Court of Justice (the “ECJ”) upheld the judgment of the General Court (“GC”), which found that AstraZeneca (“AZ”) abused its dominant position on the market for proton pump...more

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