News & Analysis as of

Sherman Act Standing Monopolization

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

Fox Rothschild LLP

Judge Noreika Grants Defendants’ Motion To Dismiss Plaintiff’s Antitrust Claims For Failure To State A Claim

Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Maryellen Noreika in Prescient Medicine Holdings, LLC v. Laboratory Corp. of America Holdings, et al., Civil Action No. 18-600-MN (D.Del. February 14, 2019), the Court granted...more

Patterson Belknap Webb & Tyler LLP

D.C. Circuit Affirms Dismissal of Third-Party Presidential Candidates’ Antitrust Claims

On August 29, 2017, the D.C. Circuit affirmed the district court’s decision dismissing a suit filed by 2012 third-party presidential candidates Gary Johnson and Jill Stein, their running mates, their campaigns, and the...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Southern District Decision Highlights Challenges for Private Litigants Pursuing Manipulation Claims Under the CEA"

The U.S. District Court in the Southern District of New York recently dismissed a class action lawsuit alleging that Total, S.A., Total Gas & Power North America, Inc., and Total Gas & Power Limited (collectively, “Total”)...more

Perkins Coie

Ninth Circuit Refines Antitrust Standing Doctrine Under Illinois Brick

Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit recently addressed again when plaintiffs have standing to pursue federal antitrust claims under the U.S. Supreme Court’s landmark decision in Illinois Brick Co. v. Illinois, 431...more

McDermott Will & Emery

ANDA Update - October 2015

McDermott Will & Emery on

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

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