In a recent decision decided on May 13, 2019, the Supreme Court allowed an antitrust suit to move forward against Apple. Consumers brought suit based on Apple’s operation of its App Store – which serves as the exclusive...more
5/21/2019
/ Antitrust Violations ,
Appeals ,
Apple Inc v Pepper ,
Class Action ,
Direct Purchasers ,
Dismissals ,
Internet Retailers ,
iPhone ,
Mobile Apps ,
Monopolization ,
Reversal ,
SCOTUS
On June 11, 2018, the U.S. Supreme Court issued its opinion in China Agritech, Inc. v. Resh, 138 S. Ct. 1800 (2018). The China Agritech decision resolved a circuit split, finding that the statute of limitations for a...more
Courts continue to evaluate the degree to which “reverse payments” are permitted post-Actavis. In the latest of these decisions, issued on February 22, 2016, the First Circuit held that non-cash payments may run afoul of the...more
3/1/2016
/ Anti-Competitive ,
Antitrust Litigation ,
FTC v Actavis ,
Generic Drugs ,
Patent Infringement ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Putative Class Actions ,
Reverse Payment Settlement Agreements ,
SCOTUS ,
Warner Chilcott ,
Watson Pharmaceuticals
Earlier this month, Apple signaled its intention to petition for writ of certiorari after the Second Circuit upheld Judge Cote’s decision to apply per se liability in analyzing the firm’s conduct with respect to e-books in...more
10/1/2015
/ Antitrust Violations ,
Appeals ,
Apple ,
Competition ,
e-Books ,
Horizontal Agreements ,
Hub-and-Spoke Conspiracy ,
Monopolization ,
Publishers ,
SCOTUS ,
Vertical Restraints
On Friday the Solicitor General filed an amicus brief in Kimble v. Marvel Enterprises. As we previously noted, in Kimble, the Supreme Court will consider whether to overturn Brulotte v. Thys Co., a 50-year-old precedent...more
3/13/2015
/ Antitrust Provisions ,
Breach of Contract ,
Brulotte ,
Kimble v Marvel Enterprises ,
License Agreements ,
Marvel Comics ,
Patent Infringement ,
Patent Royalties ,
Patents ,
SCOTUS ,
Settlement ,
Trademarks
On June 25, 2014, the United States Supreme Court decided ABC v. Aereo, one of the more important (and most closely watched) copyright cases of the digital era. The Court’s 6-3 decision that streaming-TV startup Aereo...more