News & Analysis as of

Antitrust Division Patents

McDermott Will & Emery

Pay for Delay Is Sometimes Okay

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit against pharmaceutical companies accused of violating antitrust laws by using reverse payments to delay entry of a generic version of a...more

AEON Law

Patent Poetry: Federal Circuit Reverses Dismissal Based on Patent Claim Preclusion

AEON Law on

The Federal Circuit has ruled that claim preclusion doesn’t apply to allegations of induced infringement based on an earlier finding of direct infringement. The patent at issue, US Patent No. 8,206,987 titled...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights – April 2023 | Insights

This edition of Skadden’s quarterly Insights looks at the rising number of de-SPACed companies seeking Chapter 11 protection, the growth of a market designed to assume legacy liabilities, an effort to establish...more

McDermott Will & Emery

Fifth Circuit Affirms Dismissal of Walker Process Claim, Disagrees with Federal Circuit Transfer of Action

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit affirmed a summary judgment order dismissing a Walker Process monopolization action brought by Ronald Chandler and his oilfield service company Chandler Manufacturing...more

Perkins Coie

Trump-Era Statement on Standards-Essential Patents Withdrawn

Perkins Coie on

The Antitrust Division of the U.S. Department of Justice (DOJ), the U.S. Patent and Trademark Office (USPTO), and the National Institute of Standards and Technology (NIST) (the Agencies) announced the withdrawal of a 2019...more

White & Case LLP

US continues to chart its own course on standard essential patents

White & Case LLP on

Taiwanese businesses should watch for continued assertions on 5G, IoT - The number of disputes involving standard essential patents (SEPs) is increasing, both in the United States and worldwide. This trend is expected to...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2021

Fenwick & West LLP on

In This Issue - Assignor Estoppel: When Are Inventors Allowed to Attack Their Own Inventions? In Minerva v. Hologic, the Supreme Court recently upheld the patent-law doctrine of assignor estoppel—which bars the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2021 #3

Ronald Chandler v. Phoenix Services LLC, Appeal No. 2020-1848 (Fed. Cir. June 10, 2021) - In this week’s Case of the Week, the Federal Circuit addressed the ongoing question of its subject matter jurisdiction over cases...more

BCLP

Antitrust Guidance by the Justice Department for Higher Education Institutions non-Standard Essential Patents Pool Reveals A Path...

BCLP on

The increasing intersection of antitrust and intellectual property laws has led to a number of complex legal issues for which clients often seek guidance from the Antitrust Division of the Department of Justice (“DOJ”)....more

Robins Kaplan LLP

[Remote Event] Health Care Antitrust Under President Biden - What Health Care Companies May Expect By Way Of Antitrust Policy And...

Robins Kaplan LLP on

After a turbulent year that roiled the economy, and the health care sector more than most, the Democrats emerged with control of both the White House and Congress for the first time since 2014. Business leaders and in-house...more

Morgan Lewis

Morgan Lewis Automotive & Mobility - Q4 (2019)

Morgan Lewis on

Welcome to the 22nd edition of our newsletter on developments in the automotive industry published by Morgan Lewis’s automotive & mobility team with contributions from lawyers in our offices around the globe. We counsel our...more

Morgan Lewis

Pharma Review - Issue 3

Morgan Lewis on

Welcome to the third issue of the Morgan Lewis Pharma Review, which summarizes key recent cases from the Federal Circuit and district courts that impact the pharma space, including Federal Circuit and district court decisions...more

JAMS

Arbitration Questions To Consider In Patent License Disputes

JAMS on

Let’s say two entities entered into a patent license agreement years ago. Everything has been going wonderfully: The patentee has been receiving royalties, and the licensee has been selling its product without fear of an...more

Morrison & Foerster LLP

The EU General Court’s Ruling on Pay for Delay - Why Patent Settlement Agreements May Violate EU Antitrust Laws

The EU General Court (“Court”) reduced the fines imposed on Servier SAS and its subsidiaries (“Servier”) from a total of €428 million to €315 million (see press release no. 194/18), thereby partially annulling a European...more

Cooley LLP

Alert: Antitrust Trends in 2019: Enforcement Watch List for the Year to Come

Cooley LLP on

As 2019 kicks off, the Cooley antitrust group highlights 10 recent developments and trends corporate counsel should be aware of – from the US Supreme Court and lower courts, the Department of Justice and Federal Trade...more

Morrison & Foerster LLP

What Are the Top Hatch-Waxman and BPCIA Developments for December 2018?

This month we highlight two Federal Circuit obviousness-type double patenting decisions. CASES - Federal Circuit - Section 156 Patent Term Extension and Obviousness-Type Double Patenting - Novartis AG v. Ezra...more

McDermott Will & Emery

THE LATEST: AAG Delrahim Withdraws Statement on Remedies for Standards-Essential Patents Subject to Voluntary FRAND Commitments,...

McDermott Will & Emery on

In a December 7 speech before the Berkeley-Stanford Advanced Patent Law Institute, the US Department of Justice Antitrust Division (DOJ) Assistant Attorney General Makan Delrahim (AAG Delrahim) announced that the DOJ will...more

McDermott Will & Emery

FTC Secures Partial Victory Requiring SEP Holder to License to All Comers in Antitrust Case

McDermott Will & Emery on

Recently, a federal district court in California granted partial summary judgment for the US Federal Trade Commission (FTC) in an important intellectual property and antitrust case involving standard essential patents (SEP)....more

Jones Day

Antitrust Alert: New Law Requires Disclosure of Biologic Patent Settlement Agreements to Antitrust Authorities

Jones Day on

Last week, the Patient Right to Know Drug Prices Act ("Act") became law. The Act requires pharmaceutical companies to disclose to antitrust agencies agreements between biologic and biosimilar companies that relate to the...more

McDermott Will & Emery

Dissent on Scope of Federal Circuit Jurisdiction

McDermott Will & Emery on

In February 2018, a three-judge panel from the US Court of Appeals for the Federal Circuit found a lack of appellate jurisdiction and transferred a Walker Process claim to the Fifth Circuit (IP Update, Vol. 21, No. 2). Now,...more

McDermott Will & Emery

Putting the Declaratory Judgment Cart Before the Hatch-Waxman Horse

In a case involving intellectual property, antitrust and constitutional law, the US Court of Appeals for the Federal Circuit upheld dismissal of a declaratory judgment action for failing to meet the immediacy and reality...more

McDermott Will & Emery

Walker Process Claims Don’t Belong in the Federal Circuit

In the continuing tug-of-war between antitrust and intellectual property, the US Court of Appeals for the Federal Circuit transferred a Walker Process claim to the Fifth Circuit for lack of appellate jurisdiction. Xitronix...more

McDermott Will & Emery

Intellectual Property Law Year in Review - March 2018

This year was a significant year for intellectual property cases at the Supreme Court level. In fact, the Supreme Court granted certiorari for seven patent cases, and decided five of these cases before the end of the year....more

McDermott Will & Emery

THE LATEST: Walker Process Claims Don’t Belong in the Federal Circuit

McDermott Will & Emery on

The Federal Circuit held Walker Process Claims without a “substantial” patent issue can be heard outside the Federal Circuit based on the US Supreme Court decision in Gunn v. Minton....more

McDermott Will & Emery

Non-Infringement of a Patent Also Not an Antitrust Injury

Wading into the merging streams of antitrust and patents, the US Court of Appeals for the Ninth Circuit upheld dismissal of an antitrust suit where a jury verdict in a parallel case found no patent infringement. Cascades...more

38 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide