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Ninth Circuit weighs in on compulsory nature of antitrust claims and choice of law issues

McDermott Will & Emery
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USA
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September 28 2009

The U.S. Court of Appeals for the Ninth Circuit affirmed the lower court’s dismissal of antitrust claims, finding that the claims in issue were compulsory counterclaims that the defendant had failed to plead in response to a prior patent infringement lawsuit

Reverse Payment Patent Settlements: the Interplay of Antitrust and Patent Policies

McDermott Will & Emery
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USA
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September 3 2008

While often seen as incompatible, in a proper balance, antitrust and patent laws encourage innovation while promoting commerce, as a goal of each is to provide new and beneficial technologies to the marketplace

Antitrust claims against patent pool

McDermott Will & Emery
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USA
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June 30 2008

In a terse non-precedential decision, the U.S. Court of Appeals for the Federal Circuit affirmed a 2006 district court order dismissing antitrust claims against participants in an international patent pool arrangement

Rambus decision: lawful monopolist’s allegedly deceptive conduct not actionable under the antitrust laws

McDermott Will & Emery
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USA
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May 14 2008

Despite the D.C. Circuit decision, firms should remain cautious in dealing with standard-setting bodies

Foreign fame is not enough to justify trademark protection in New York

McDermott Will & Emery
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USA
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January 31 2008

The United States Court of Appeals for the Second Circuit certified two questions to New York’s highest court regarding New York common law claims for unfair competition based on goodwill

FTC asserts its antitrust authority over patent licensor

McDermott Will & Emery
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USA
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January 30 2008

Invoking its authority under the FTC Act to prevent unfair methods of competition and deceptive practices, the Federal Trade Commission (FTC) has voted 3-2 to accept a settlement with Negotiated Data Solutions LLC (N-Data), the owner of patents for Ethernet technology

Technology pools and standards on both sides of the pond

McDermott Will & Emery
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European Union, USA
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July 13 2007

Two US reports were published in April 2007 that deal with the interface between competition and intellectual property issues

FTC requires Rambus to license DRAM technology

McDermott Will & Emery
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USA
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February 28 2007

As part of its first decision addressing participation in a standard-setting body, the U.S. Federal Trade Commission issued an order imposing penalties on Rambus for its misrepresentations and omissions of relevant information from a standard-setting body known as JEDEC

Two Federal Circuit decisions clarify Walker Process antitrust claims

McDermott Will & Emery
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USA
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February 28 2007

The U.S. Court of Appeals for the Federal Circuit recently decided two cases involving Walker Process antitrust claims