News & Analysis as of

Patents Monopolization

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

Baker Botts L.L.P.

Avoiding Demurrer: Properly Pleading Inequitable Conduct

Baker Botts L.L.P. on

Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading....more

WilmerHale

The Interplay Key Decisions at the Intersection of Antitrust and Life Sciences - June 2024

WilmerHale on

Court Orders Delisting of Patents from Orange Book and Denies Motion to Dismiss Antitrust Counterclaims for Improper Orange Book Listings. On June 10, Judge Stanley Chesler of the District of New Jersey entered judgment on...more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - May 2024

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Second Circuit Affirms “Pay for Delay” Dismissal:  On May 13, 2024, the Second Circuit affirmed dismissal of antitrust claims brought by wholesalers, retailers, and employee benefit funds that alleged they overpaid for the...more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - March 2024

WilmerHale on

Calls for Removal of Device Patents Listed in the Orange Book Continue. FTC and Congressional action scrutinizing allegedly “improper” Orange Book listings continued apace in the first few months of 2024. ...more

Axinn, Veltrop & Harkrider LLP

FTC Takes Up the Battle Against Improper Orange Book Patent Listings

Attempting to put some teeth into the policy statement that it issued last month, the FTC sent letters to 10 pharmaceutical companies, asserting that their listing of over 100 patents in FDA's Orange Book for a variety of...more

Dunlap Bennett & Ludwig PLLC

The Role of Patents in Prescription Drugs

Americans spend on average about $1,300 per person per year on prescription drugs, which represents only about 13.3% of the total paid-for drugs in the US. Private insurers, Medicare, and Medicaid pay another 81.8%. ...more

BakerHostetler

Forced Nationalization of Patent Monopolies Held by “Unfriendlies” in Russia

BakerHostetler on

On February 24, 2022, the world watched in horror at Russia’s unprovoked invasion of Ukraine. Lost in the destruction and devastation inflicted on Ukraine and her people, is Russia’s effective nationalization of patents in...more

Robins Kaplan LLP

Takeda Pharma Co. v. Zydus Pharma Inc.

Robins Kaplan LLP on

Case Name: Takeda Pharma Co. v. Zydus Pharma Inc., No. 18-1994, 2021 WL 3144897 (D.N.J. July 26, 2021) (Wolfson, J.) - Drug Product and Patent(s)-in-Suit: Prevacid® SoluTab™ (lansoprazole delayed-release orally-disintegrating...more

Patterson Belknap Webb & Tyler LLP

Another Update on the Patent “Aggregation” Suit Against Fortress

There have been several developments since we last wrote about Intel and Apple’s suit against Fortress and several of its so-called “patent assertion entities” (collectively, “Fortress”) based on the allegedly anticompetitive...more

Morrison & Foerster LLP - Federal Circuitry

Return to Sender: When Courts of Appeals Disagree on Which One Has Jurisdiction

What happens when two courts of appeal each think the other has exclusive jurisdiction over an appeal? Confusion and inter-circuit criticism. The latest chapter in such a dispute between the Federal and Fifth Circuits on the...more

McDermott Will & Emery

Fourth Circuit Breathes New Life into Monopolization Suit

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit revived an antitrust suit alleging that a pharmaceutical manufacturer illegally maintained its monopoly for its innovator drug by precluding competition beyond the expiration...more

Patterson Belknap Webb & Tyler LLP

Fifth Circuit Impax Decision Validates FTC’s Post-Actavis Approach to Reverse Payments

On April 13, 2021, the Court of Appeals for the Fifth Circuit issued its long-anticipated decision in Impax v. FTC, marking the first time an appellate court has weighed in on the merits of a so-called reverse payment case...more

Proskauer - Minding Your Business

Are Antitrust Claims Against Licensors of Standard Essential Patents Dead On Arrival?

If the September 2020 Continental Automotive Systems, Inc. opinion is any indicator, the answer seems to be “yes,” at least where an alleged violation of fair, reasonable, and nondiscriminatory (“FRAND”) terms and conditions...more

Mintz - Intellectual Property Viewpoints

Another One Bites the Dust – N.D. Tex. Dismisses Antitrust Claims re FRAND Commitments with Prejudice

In the latest decision addressing antitrust liability for FRAND commitments, Judge Barbara M. G. Lynn of the Northern District of Texas dismissed a complaint from Continental Automotive Systems, Inc. (“Continental”) alleging,...more

Sunstein LLP

No License, No Chips: Qualcomm’s Controversial Licensing Strategy Is Not an Antitrust Violation

Sunstein LLP on

Qualcomm has for years dominated the market for cellphone chips. Its patented technologies have been included in many cellphone standards on the condition, common among standards setting organizations (SSOs), that Qualcomm...more

Patterson Belknap Webb & Tyler LLP

Antitrust Plaintiffs Complain of Patent “Thickets”

For years, antitrust commentators have warned of threats to innovation and competition posed by “thickets” of patents—the “dense web[s] of overlapping intellectual property rights that a company must hack its way through in...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Trade Commission v. Qualcomm Ins. (9th Cir. 2020)

Ninth Circuit Overturns District Court Judge Lucy Koh's Decision That Qualcomm's Licensing and Chip Sales Practices Are Antitrust Violations - The Federal Trade Commission has a history of taking positions and aggressively...more

Farella Braun + Martel LLP

Breaking up the Patent Monopoly for the Benefit of Batteries

The patent monopoly is at odds with the global need for battery storage technology. As the world mobilizes towards climate change solutions, companies with battery patents will face increasing pressure to share this critical...more

Smart & Biggar

On redetermination, PMPRB concludes that Galderma’s patent ‘pertains to’ DIFFERIN

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On May 7, 2020, the Patented Medicines Prices Review Board (PMPRB or Board) ordered Galderma to file prescribed sales and financial information for DIFFERIN (0.1% adapalene) until the expiry of the 237 patent (2,478,237),...more

Haight Brown & Bonesteel LLP

Antitrust Walker Process Claims Not Covered Under Personal Injury Coverage for Malicious Prosecution

In Travelers Property Casualty Co. of America v. KLA-Tencor Corp. (No. H044890; filed 1/16/20, ord. pub. 2/13/20), a California appeals court ruled that commercial general liability insurance for personal and advertising...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2019 #2

Curver Luxembourg, SARL v. Home Expressions Inc., Appeal No. 2018-2214 (Fed. Cir. Sept. 12, 2019) In a significant case in the field of design patents, the Federal Circuit clarified the scope of design patent infringement...more

Knobbe Martens

Federal Circuit Applies Collateral Estoppel and Avoids Antitrust Issues

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INTELLECTUAL VENTURES I LLC v. CAPITAL ONE FINANCIAL CORP. Before Prost, Bryson, and Reyna. Appeal from the United States District Court for the District of Maryland. Summary: The Federal Circuit applied collateral...more

Mintz - Intellectual Property Viewpoints

Another Shoe Drops in the Qualcomm Patent Licensing Saga

Just when observers thought Qualcomm could celebrate its successful litigation with Apple another decision has come down which could have major implications for Qualcomm’s business going forward. In much-anticipated 233-page...more

Orrick, Herrington & Sutcliffe LLP

The New Madison Approach Goes to Court

On January 11, 2019, the U.S. DOJ Antitrust Division (Division) filed a Notice of Intent to File a Statement of Interest in a lawsuit filed by u-blox against Interdigital in the U.S. District Court for the Southern District...more

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