News & Analysis as of

Motion to Dismiss Antitrust Injuries

Patterson Belknap Webb & Tyler LLP

Second Circuit Weighs in on Antitrust Injury

Antitrust standing is one of the most beguiling concepts in antitrust law, but it is a hurdle that a plaintiff must negotiate if its claim can proceed. This week, the Second Circuit provided some clarity to the doctrine when...more

McDermott Will & Emery

ANDA Update - October 2015

McDermott Will & Emery on

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Morris James LLP

Willfulness Claim Survives Challenge; Court Recommends Dismissing Inequitable Conduct Claim With Leave To Replead

Morris James LLP on

Fallon, M. J. Report and Recommendation recommending that defendant’s motion to dismiss willful infringement claims be denied and that plaintiff’s partial motion to dismiss and strike inequitable conduct counterclaims and...more

Patterson Belknap Webb & Tyler LLP

Keurig Fights to Dismiss All Antitrust Claims Brought Against It

On July 9, 2015, the Southern District of New York heard oral argument on Keurig Green Mountain’s motions to dismiss the three complaints filed by the following plaintiffs: Keurig’s competitors (Treehouse Foods, Inc., Bay...more

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