News & Analysis as of

Walker Process Claims Sherman Act

Polsinelli

Regeneron v Novartis and Vetter: Walker Process Client Update

Polsinelli on

In an appeal that attracted a dozen amici, including the Department of Justice, the Federal Trade Commission, five states, and the District of Columbia, the Second Circuit gave the Walker Process antitrust doctrine a shot in...more

McDermott Will & Emery

In the Weeds? Humira “Patent Thicket” Isn’t an Antitrust Violation

McDermott Will & Emery on

The US Court of Appeals for the Seventh Circuit affirmed that welfare benefit plans that bought the drug Humira did not have valid antitrust claims against the patent owner. The Court found that amassing patents by itself is...more

Haug Partners LLP

Federal Circuit Clarifies the Scope of Its Jurisdiction Over Walker Process Antitrust Claims in Chandler. v. Phoenix Services LLC

Haug Partners LLP on

On June 10, 2021, the Federal Circuit issued a precedential order in Chandler v. Phx. Servs. LLC, No. 2020-1848 (Fed. Cir. Jun. 10, 2021) that clarified the scope of its jurisdiction over Walker Process1 claims of...more

McDermott Will & Emery

Federal Circuit Lacks Appellate Jurisdiction over Standalone Walker Process Claims

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit ordered the transfer of a case asserting standalone Walker Process antitrust claims involving an unenforceable patent to the regional circuit, in this case the US Court of...more

Knobbe Martens

Federal Circuit Lacks Jurisdiction Over Standalone Antitrust Claim Concerning An Unenforceable Patent

Knobbe Martens on

CHANDLER v. PHOENIX SERVICES LLC - Before Chen, Wallach, and Hughes. Appeal from the United States District Court for the Northern District of Texas. Summary: The Federal Circuit lacks subject matter jurisdiction...more

Haight Brown & Bonesteel LLP

Antitrust Walker Process Claims Not Covered Under Personal Injury Coverage for Malicious Prosecution

In Travelers Property Casualty Co. of America v. KLA-Tencor Corp. (No. H044890; filed 1/16/20, ord. pub. 2/13/20), a California appeals court ruled that commercial general liability insurance for personal and advertising...more

Patterson Belknap Webb & Tyler LLP

SanDisk defeats Walker Process Claim

The District Court for the Northern District of California granted defendant SanDisk’s motion for summary judgment in Giuliano, et al v. SanDisk Corp., et al, 4:10-cv-02787 (N.D. Cal. April 29, 2016). The plaintiffs had...more

McDonnell Boehnen Hulbert & Berghoff LLP

Transweb, LLC v. 3M Innovative Properties Co. (Fed. Cir. 2016)

Antitrust Violation Found in Patent Infringement Litigation, and (Trebled) Attorney Fees for Defending Infringement Awarded as Damages - On February 10, 2016, the Federal Circuit issued an opinion in a case captioned...more

Robins Kaplan LLP

Antitrust Bulletin - Vol. 5, No. 1

Robins Kaplan LLP on

In this Issue: - New Developments - U.S. Supreme Court Will Decide Whether Patent Agreements That Postpone the Sale of Generic Drugs Violate Antitrust Laws - Direct Purchasers Have Standing to Bring Antitrust...more

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