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Antitrust & Trade Regulation Intellectual Property

Read Antitrust & Trade Regulation updates, alerts, news, and legal analysis from leading lawyers and law firms:

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by BakerHostetler on

The Digital Millennium Copyright Act (DMCA) includes a safe harbor provision that protects appropriately registered online service providers from potential secondary liability for the infringing acts of others. Ironically, in...more

Assistant Attorney General Makan Delrahim Signals Shift in Antitrust/IP Focus

• Assistant Attorney General (AAG) Makan Delrahim, the new head of the Antitrust Division of the Department of Justice (DOJ), recently announced a shift from the prior Administration’s focus on the dangers of patent “hold-up”...more

An EC Communication on SEPs – Not More Not Less

A summary of the European Commission’s Policy Document on standard essential patents (SEPs). After considerable preparations and consultation the European Commission has on 29 November 2017 issued a Communication “setting...more

The Latest Trends in Drug Monopolies

by Zelle LLP on

Brand-name pharmaceutical companies employ a variety of strategies to preserve and extend their branded drug products’ monopolies. Challenges by generic drug manufacturers and consumers to those efforts as allegedly...more

ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

by Jones Day on

The ITC issued an Opinion finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders. Of note, the Commission clarified that the “domestic industry” for unregistered trade dress need...more

Antitrust Matters - November 2017

by DLA Piper on

We observe today an increasingly politicized discussion of antitrust issues. Antitrust law and policy are back in the media, they are the subject of non- technical political debates. The Economist writes about it regularly....more

What is Contributory Trademark Infringement?

by Revision Legal on

How does Amazon avoid being held liable for trademark infringement? We can find some answers by examining a case recently filed by Daimler AG, maker of Mercedes-Benz cars, against Amazon. Daimler is alleging direct trademark...more

Indirect Purchasers Cannot Sue Qualcomm Under Federal Law, But State Law Claims Survive

A federal judge in California has refused to allow indirect purchasers of semiconductor chips—i.e., cell phone consumers—to bring claims against Qualcomm under federal antitrust law....more

Reverse-Payment Plaintiffs Mine Patent Litigation Record to Survive Summary Judgment

by Holland & Knight LLP on

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

European Court Ruling May Reinvigorate Enforcement Against Excessive Pricing

by Jones Day on

The Ruling: The European Court of Justice recently provided widely anticipated guidance on the concept of excessive pricing, clarifying the use of key legal criteria in identifying an excessive pricing abuse under Article 102...more

THE LATEST: FTC Acting Chairman Ohlhausen Signals Potentially Reduced Role for Antitrust Oversight of Intellectual Property...

by McDermott Will & Emery on

WHAT HAPPENED - ..On Friday, October 13, acting FTC chairman Maureen Ohlhausen delivered a speech at the Hillsdale College Free Market Forum titled, “Markets, Government, and the Common Good,” highlighting her view on the...more

Senators and court complain of ‘anti-competitive’ transfer of patent rights to American Indian tribe

We have previously discussed antitrust implications of pharmaceutical companies’ efforts to maximize patent protection for their drugs. Consumers and generic drug makers, for instance, have alleged antitrust violations based...more

ALJ Finds Violation in Mobile Device Holders Investigation

by Jones Day on

ALJ Pender’s initial determination in Certain Mobile Device Holders and Components Thereof, Inv. No. 337-TA-1028 (Sept. 12, 2017), finding a violation of Section 337, provides important guidance on what investments count...more

The FTC Won’t Let Me Be: Warnings and Enforcement Actions Targeting Social Media Influencers

by Goulston & Storrs PC on

According to recent Nielsen ratings, the most watched TV shows and live TV events top off at around 20 million viewers. In contrast, the most popular personalities on various social media platforms have well over 100 million...more

Respondents Denied Leave to Amend Answer to Complaint

by Jones Day on

In Certain Digital Cable and Satellite Products, Set-Top Boxes, Gateways and components Thereof; Inv. No. 337-TA-1049, ALJ McNamara recently denied a motion by Respondents to amend their answer to the complaint to add the...more

Federal Circuit Stay Order Demonstrates Value of Redesign as Defense in ITC Actions

by Jones Day on

The Federal Circuit has determined to partially stay an ITC exclusion order as it pertains to products redesigned after the remedial orders issued. We have previously posted about Certain Network Devices, Related Software and...more

Trump Nominates Replacement Commissioners

by Jones Day on

As we have previously posted, the ITC currently has two open Commissioner positions after the exits of Commissioners Kieff and Pinkert earlier this year. On September 28, 2017, President Trump announced his nomination of...more

EU Retail News - September 2017

by Bryan Cave on

UK Competition Authority Warns Creative Sector About Price Fixing and Information Sharing - On 12th September 2017 the UK Competition Authority,the Competition and Markets Authority ("CMA") sent an open letter to...more

THE LATEST: Integra Forced to Divest Neurosurgical Tools to Gain FTC Clearance

by McDermott Will & Emery on

WHAT HAPPENED - On February 14, 2017, Integra agreed to purchase Johnson & Johnson’s Codman neurosurgery business (excluding Codman’s neurovascular and drug deliver businesses) for $1.045 billion.... ...more

CALJ Denies Motion to Supplement Expert Reports

by Jones Day on

In Certain Integrated Circuits with Voltage Regulators and Products Containing Same; Inv. No. 337-TA-1024, Chief ALJ Bullock recently denied a motion by Complainant R2 Semiconductor, Inc. to take additional discovery and...more

Applying Basic Antitrust Principles To SEPs

IP AND COMPETITION LAW 360 -- The United States antitrust approach to intellectual property has evolved over time. The IP laws and the antitrust laws are now commonly viewed as complementary. Both value innovation,...more

When are prices "excessive": did the Latvian competition authority strike the right note?

by Dentons on

The European Court of Justice (ECJ) has just ruled that competition regulators have a "certain margin for manoeuvre" in deciding whether prices are excessive, and that there is no single adequate method for such an...more

AD-ttorneys@law

by BakerHostetler on

Abbott Nutrition did something unique. It added a new ingredient to its Similac Pro-Advance and Pro-Sensitive infant formulas that, until now, had only been available in human breast milk: 2’-fucosyllactose human milk...more

News from Abroad -- Mexican Antitrust Authority Study on Generic Drug Entry – Recommendations on Changes to Public Policy -- Part...

In the first three installments of this series, we've explained the general purpose of the study, and gone through the sections of patents, marketing authorizations and strategic behavior of the study published on August 9,...more

Damages Recovery for Trade Secrets Misappropriation: What’s New York’s State of Mind?

by McDermott Will & Emery on

Addressing unresolved issues surrounding damages calculations for misappropriation of trade secrets under New York law, the US Court of Appeals for the Second Circuit certified two questions to the New York Court of Appeals:...more

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