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Results: 1-10 of 189

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

Federal Circuit finds that FDA citizen petition could give rise to antitrust liability

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • August 7 2014

In Tyco Healthcare Group LP v. Mutual Pharmaceutical Co., Inc., the Federal Circuit remanded-in-part for the district court to determine whether

State AGs in the news

  • Dickstein Shapiro LLP
  • -
  • USA
  • -
  • August 7 2014

The General Counsel of the National Labor Relations Board (NLRB) authorized 43 complaints of unfair labor practices brought by McDonald’s franchise

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

Fed. Cir.: antitrust issues can arise from Hatch-Waxman litigation

  • Schwegman Lundberg & Woessner PA
  • -
  • USA
  • -
  • August 7 2014

In Tyco Healthcare Group v. Mutual Pharm. Co., App. No. 13-1386 (Fed. Cir. August 6, 2014), a divided panel of the court reversed a district court's

District court precludes defense based on strength of patent in FTC v. Cephalon “reverse payment” litigation

  • Kaye Scholer LLP
  • -
  • USA
  • -
  • July 31 2014

In the first decision since FTC v. Actavis to address whether parties to a "reverse payment" antitrust case may litigate the strength of the patent

Contractual duty to deal does not equal antitrust duty to deal

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 30 2014

Addressing for the first time whether a patent holder under a contractual duty to deal is also subject to an antitrust duty to deal, the U. S. Court

State AGs in the news

  • Dickstein Shapiro LLP
  • -
  • USA
  • -
  • July 24 2014

CWAG held its annual meeting this week in Park City, Utah, which was attended by several members of Dickstein Shapiro's State Attorneys General