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Patents Competition

Knobbe Martens

Two Bills Introduced to Target “Patent Thickets” and “Product Hopping”

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On March 17, 2025, a bipartisan group of senators introduced two bills intended to decrease the cost of prescription drugs. The sponsors include Chuck Grassley (R-Iowa), John Cornyn (R-Texas), Richard Blumenthal (D-Conn.),...more

A&O Shearman

Ninth Circuit Affirms District Court’s Rejection Of Private State Law Claims Against Qualcomm

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On February 25, 2025, the Ninth Circuit Court of Appeals affirmed the United States District Court for the Northern District of California’s rejection of unlawful tying, exclusive dealing, and unfair competition claims...more

Troutman Pepper Locke

California's Ban on Reverse Payment Settlements Partially Survives After a Five-Year Battle

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As state legislatures introduce legislation expanding the reach of their antitrust laws and state attorneys general ramp up their use of antitrust investigations and litigation, the legal landscape continues to become more...more

McDermott Will & Emery

Small-Market Segment Can Satisfy Domestic Industry Requirement

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The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission finding, explaining that small-market segments can be significant and substantial enough to support the Commission’s domestic...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Biosimilars at the Crossroads: A $234 Billion Opportunity or a Missed Chance for Healthcare Savings?

The U.S. stands at a crossroads in light of rising drug prices and it is unclear what the future will hold in answer to the rising drug costs. Biologic medicines have rapidly expanded available treatment options and accounted...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: European Commission Suddenly Withdraws Proposed SEP Regulation

On February 11, 2025, the European Commission withdrew its longstanding, and much debated, proposal for standard essential patent (SEP) regulation. The withdrawal was met with mixed reactions, with SEP holders largely...more

Jenner & Block

Jenner & Block Japan Newsletter - January 2025

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Welcome to the January 2025 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the...more

Bennett Jones LLP

Competition Tribunal Issues First-of-Its-Kind Decision in Private Abuse of Dominance Case Against Major Pharma Manufacturer

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On December 17, 2024, the Competition Tribunal (the Tribunal) issued reasons for its decision to dismiss an application for leave to bring a private abuse of dominance action against a major pharmaceutical manufacturer. JAMP...more

A&O Shearman

Brussels enterprise court clarifies requirements for SPC manufacturing waiver

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In a judgment of 23 December 2024, the Dutch-speaking Enterprise Court of Brussels followed the reasoning of a Dutch court earlier in 2024, ruling that (i) manufacturers are not obliged to provide the reference number of...more

Axinn, Veltrop & Harkrider LLP

Three Takeaways from the Initial Determination at the ITC Regarding Standard Essential Patents in the 1380 Investigation

On January 8, 2025, Administrative Law Judge (ALJ) Cameron Elliot issued a public version of the Initial Determination (ID) in Certain Video Capable Electronic Devices, Inv. No. 337-TA-1380 brought by Complainant Nokia. While...more

White & Case LLP

A Decade of FTC v. Actavis: The Reverse Payment Framework is Older, but Are Courts Wiser in Applying It

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In 2013, the United States Supreme Court significantly changed the landscape of patent settlements in the pharmaceutical industry with its FTC v. Actavis, Inc. decision. In Actavis, the Court held that certain types of...more

Vinson & Elkins LLP

Trump Administration 2.0 – Tech Transactions Update

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The incoming Trump administration is expected to make several policy changes likely to impact tech transactions. President-elect Donald Trump has promised to reduce regulation and cut federal bureaucracy, which he says have...more

WilmerHale

USA: Unpacking the shift – Heightened antitrust scrutiny on Orange Book listings

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Forty years ago, Congress passed the Hatch-Waxman Act, which streamlined the generic drug approval process and revamped how patent infringement claims would be litigated against those prospective generic drug applicants. At...more

Cooley LLP

Stiff EU Antitrust Fine for ‘Misuse’ of Patent System Delaying Rival Pharma Entry

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On October 31, 2024, the European Commission (EC) fined Teva 462.6 million euros (US$503 million) for abusing its dominant position to delay competition to Copaxone (glatiramer acetate), its blockbuster multiple sclerosis...more

A&O Shearman

EU Commission issues EUR462.6 million antitrust fine in landmark decision on ‘divisionals game’ and disparagement

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On October 31, 2024, the European Commission (EC) fined Teva Pharmaceutical Industries Limited and Teva Pharmaceuticals Europe BV (Teva) EUR462.6 million for abusing a dominant position in several EU Member States on the...more

McDermott Will & Emery

The Vifor Case: Disparagement Reloaded?

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On July 22, 2024, the European Commission (EC) accepted commitments proposed by Vifor Pharmaceuticals to address disparagement concerns under Article 102 TFEU. This is the EC’s first pure disparagement case and its second...more

Patterson Belknap Webb & Tyler LLP

Jury Rejects Tevra's Embattled Market Definition in Antitrust Suit

On August 1, 2024, following five years of litigation, Tevra’s antitrust suit against Bayer Healthcare LLC came to an end. Tevra, a manufacturer of generic version topical flea and tick medications, alleged that Bayer engaged...more

Dickinson Wright

Terminal Disclaimer Rule Proposed to Balance Innovation and Competition

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The United States Patent and Trademark Office (“USPTO”) periodically evaluates the delicate balance of the U.S. patent system to protect innovation without excessively stifling competition. U.S. patents give patent owners the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senators Get Their Colleagues to Agree on Drug Patent Litigation Legislation

Recent history of Congress's performance as a legislative body has been, to be kind, mixed, and a great many bills, resolutions, and other activities have appeared to be more for show than to accomplish anything worthwhile. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senators Get Their Colleagues to Agree on Drug Patent Litigation Legislation

Recently the Senate passed S.150 entitled the Affordable Prescriptions for Patients Act. Those paying attention might recall that Senator Cornyn (R-TX) introduced this bill (joined by Senator Blumenthal (D-CT) and seven other...more

Skadden, Arps, Slate, Meagher & Flom LLP

The FTC Challenges Companies’ Allegedly Improper Orange Book Patent Listings

The Federal Trade Commission (FTC) has called attention in the past year to its perception of the influence that branded pharmaceutical companies have over the price of beneficial drugs. Most recently, the agency has asserted...more

Foley Hoag LLP

FTC Challenges More Patent Listings in the FDA’s Orange Book

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The Federal Trade Commission (FTC) has been busy scrutinizing patent listings in the Food and Drug Administration’s (FDA) publication of “Approved Drug Products with Therapeutic Equivalence Evaluations,” commonly known as the...more

Morgan Lewis

Disparagement Alleged in Iron Medicine Market: EU Commission Seeks Public Feedback on Company’s Proposed Commitments

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The European Commission on April 19 opened a public consultation on commitments proposed by Vifor Pharma in response to a formal investigation into allegations of anticompetitive practices related to disparaging claims about...more

Goodwin

European Commission’s First-Ever Abuse of Dominance Probe for Shelving of a Novel Pipeline Therapy

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The European Commission (EC) has launched a formal investigation under its abuse of dominance rules into US life sciences company Zoetis in the area of novel veterinary medicines. The EC alleges that the discontinuation of a...more

K&L Gates LLP

Doing Business in Australia

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Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more

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