As post-Actavis antitrust litigation over so-called “reverse payment” patent settlements proceeds, courts continue to provide further illumination about what evidence a private plaintiff would need to offer to survive summary...more
2/1/2018
/ Antitrust Litigation ,
Causation ,
Claim Construction ,
Damages ,
Generic Drugs ,
Manufacturers ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Preponderance of the Evidence ,
Reverse Payment Settlement Agreements ,
Settlement Agreements ,
Summary Judgment
We pointed out in a recent article that, based on recent decisions by the Courts of Appeals for the First and Third Circuits, private antitrust plaintiffs seeking damages from so-called “reverse-payment” settlement agreements...more
11/8/2017
/ Anticompetitive Agreements ,
Antitrust Litigation ,
Appeals ,
Claim Construction ,
Damages ,
Generic Drugs ,
Manufacturers ,
Motion for Summary Judgment ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Preponderance of the Evidence ,
Reverse Payment Settlement Agreements
Holland & Knight alerted the maritime community in November 2016 that the U.S. Court of Appeals for the Third Circuit appeared likely to affirm the dismissal of private antitrust claims brought against roll-on, roll-off...more
1/24/2017
/ Antitrust Provisions ,
Antitrust Violations ,
Appeals ,
Common Carriers ,
Damages ,
Department of Justice (DOJ) ,
Federal Maritime Commission ,
Immunity ,
Price-Fixing ,
Shipping ,
Shipping Cargo ,
Vessels
The Shipping Act of 1984 grants limited immunity under the antitrust laws to vessel-operating common carriers that enter certain agreements, including price-fixing agreements, so long as the agreements are filed in advance...more
11/28/2016
/ Antitrust Investigations ,
Antitrust Provisions ,
Common Carriers ,
Competition ,
Damages ,
Department of Justice (DOJ) ,
Federal Maritime Commission ,
Maritime Transport ,
Price-Fixing ,
Sherman Act ,
Shipping ,
Shipping Cargo ,
The Clayton Act ,
Vessels