Noerr-Pennington Doctrine

News & Analysis as of

Milk expiration dates and clever cartels

The Planet Money podcast this week has a story about the Greek economy. According to the podcast, there is a Greek milk producer “cartel.” Of course cartels are unlawful in Europe, just as they are in the U.S. So it seems...more

IP/Unfair Comp. Case Applies Buckman

The very name “intellectual property law” suggests it’s not for us. There are episodes of The Simpsons that seem too complicated for our pretty little heads. Anything deemed “intellectual” scares us away. We usually race...more

FTC v. Actavis, Inc. (In re Androgel Antitrust Litigation (II) (N.D. Ga.)

In FTC v. Actavis, Inc., 133 S. Ct. 2223 (2013), the Supreme Court reversed and remanded to the district court to apply a rule of reason analysis to defendants’ reverse payment settlement. On remand, defendants Solvay and...more

FTC v. Actavis on Remand: A New Chapter

District Court refuses to grant renewed motion to dismiss based on Noerr-Pennington doctrine. In re AndroGel Antitrust Litigation (No. II), MDL No. 2084 (re Federal Trade Commission v. Actavis, Inc., No. 1:09-CV-955-TWT)...more

Myriad Moves to Dismiss Ambry's Antitrust Counterclaims on Noerr-Pennington Doctrine

The Supreme Court, in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), has in recent years focused the requirements for pleadings under the Federal Rules of Civil Procedure...more

"Sham Litigation" Suit Revived by Fourth Circuit

Waugh Chapel South, LLC v. United Food & Commercial Workers Union Local 27 - No. 12-1429, 2013 WL 4505288 (4th Cir. Aug. 26, 2013) - In Waugh Chapel South, LLC v. United Food & Commercial Workers Union Local 27, the...more

Asbestos Alert: A Single Exposure May Be “Substantial,” and Evidence of Lobbying Is Not Excluded Under The Noerr-Pennington...

The Court of Appeal has reversed a nonsuit in favor of Amcord based on an epidemiologist’s testimony that a hypothetical worker who poured a bag of gun plastic cement would be at an increased risk for developing mesothelioma....more

General Liability Policies May Cover Antitrust, Patent and Other Business Litigation - Part 2

In a prior post, we explained how a general liability policy may cover antitrust, patent, trade secret and other business litigation claims, if there are allegations that insured made negative comments about the other party’s...more

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