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Results: 1-10 of 195

Sham-wow! antitrust liability may attach to sham administrative petitions

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 1 2014

Addressing whether the “sham” exception to Noerr-Pennington immunity is limited to sham litigation in courts, the U.S. Court of Appeals for the

Second Circuit reverses a prior ruling to hold that the Foreign Trade Antitrust Improvements Act restrictions on antitrust claims based on foreign conduct are “nonjurisdictional”

  • Baker & McKenzie
  • -
  • USA
  • -
  • September 24 2014

This dispute concerned the development of the latest industry standard for USB connectors, known as USB 3.0. Plaintiff, a Taiwanese company

Fair play?

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • September 20 2014

With blockbuster drugs reaching the end of their patent lives, many companies are looking for new ways to best secure their formulations and protect

Routine patent litigation giving rise to antitrust liability

  • Gordon & Rees LLP
  • -
  • USA
  • -
  • September 9 2014

On Aug. 6, in Tyco Healthcare Group LP v. Mut. Pharm. Co., Case No. 2013-1386, the Federal Circuit looked at whether antitrust liability can arise

Recent FTC “pay-for-delay” development

  • Arnall Golden Gregory LLP
  • -
  • USA
  • -
  • September 9 2014

On Monday, September 8, 2014, the Federal Trade Commission ("FTC") filed a "pay-for-delay" antitrust lawsuit against, inter alia, AbbVie contending

State AGs in the news

  • Dickstein Shapiro LLP
  • -
  • USA
  • -
  • September 4 2014

The AGs of Illinois, Iowa, and Missouri and the U.S. Department of Justice simultaneously filed acomplaint and proposed final judgment in the U.S

Federal Circuit revives certain sham petitioning antitrust counterclaims in Tyco-mutual ANDA litigation

  • Hogan Lovells
  • -
  • USA
  • -
  • August 26 2014

In a split decision, the U.S. Court of Appeals for the Federal Circuit affirmed summary judgment on two antitrust counterclaims brought by Mutual

Split Federal Circuit decision revives antitrust counterclaims in patent litigation

  • Jones Day
  • -
  • USA
  • -
  • August 15 2014

The U.S. Court of Appeals for the Federal Circuit has remanded for further consideration antitrust claims accusing a patent holder of filing a sham

Sham Hatch-Waxman infringement suits and FDA citizen petitions; a potential for new liability for innovators?

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • August 12 2014

Under what is commonly known as "Noerr-Pennington immunity," persons exercising their First Amendment right to petition the government for redress

FTC v. Cephalon, the fray begins

  • Paul Hastings LLP
  • -
  • USA
  • -
  • August 7 2014

Last year in a landmark decision, the Supreme Court ruled that pharmaceutical "reverse payment" settlements in Hatch-Waxman Act "Paragraph 4" patent