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Orange Book Concerns Pick Up as Yet Another Issue for Pharmaceutical Manufacturers

Pharmaceutical manufacturers are increasingly finding themselves defending decisions to list in the U.S. Food and Drug Administration's (FDA) Orange Book patents that they assert are associated with their products. The...more

New Reverse-Payment Decision Sheds Further Light on Plaintiffs’ Causation Burden

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

Reverse-Payment Plaintiffs Mine Patent Litigation Record to Survive 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

Obama Administration Antitrust Enforcers Take Last-Minute IP Licensing Actions

As the Obama Administration drew to a close, its antitrust enforcers took two actions of note for those involved in intellectual property (IP) licensing. The first, the joint release by the U.S. Department of Justice (DOJ)...more

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