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En banc Federal Circuit addresses patent misuse

McDermott Will & Emery
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USA
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September 3 2010

The U.S. Court of Appeals for the Federal Circuit recently decided agreements between horizontal competitors to license potentially competing, patented technologies exclusively through a patent pool does not support a patent misuse defense

2nd Circuit urges en banc rehearing on pay-for-delay

McDermott Will & Emery
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USA
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June 30 2010

The U.S. Court of Appeals for the Second Circuit found that reverse payment settlements of patent infringement lawsuits that keep generic drug manufacturers out of the marketplace do not violate federal antitrust laws

Supreme Court hears oral argument in pay-for-delay patent settlement antitrust case

McDermott Will & Emery
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USA
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March 26 2013

The Supreme Court's ruling in Federal Trade Commission v. Actavis, Inc., will almost certainly have major implications for the viability of Federal

Second Circuit dismisses $500m telecom antitrust suit

McDermott Will & Emery
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USA
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August 31 2011

The U.S. Court of Appeals for the Second Circuit upheld a district court’s decision to dismiss Site-Sites.com, Inc.’s $500 million antitrust suit against Verizon Communications and several other telecommunications companies for lack of standing

Walker process standing affirmed for direct purchaser antitrust plaintiffs

McDermott Will & Emery
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USA
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December 27 2012

On interlocutory appeal from a district court, the U.S. Court of Appeals for the Federal Circuit addressed whether a direct-purchaser plaintiff has

Reverse payment settlements

McDermott Will & Emery
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USA
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November 7 2011

On Monday, a California state court of appeal affirmed a lower court's ruling upholding a "reverse payment" (pay-for-delay) settlement between Bayer (Bayer) AG and Barr Pharmaceuticals (Barr

FTC signals stricter stance on injunctions for FRAND-encumbered patents

McDermott Will & Emery
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USA
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December 27 2012

Highlighting its continued focus on standard-setting processes, the Federal Trade Commission (FTC) recently warned patent holders seeking injunctive

A new front in the patent wars: CJEU asked for guidance on limits to injunctive relief

McDermott Will & Emery
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European Union, USA
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April 11 2013

The patent wars between large technology companies continue unabated. The Court of Justice of the European Union (CJEU) is set to provide guidance on

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Workarea - Litigation
Workarea - Patents
Workarea - Competition
Jurisdiction - USA
Firm Name - McDermott Will & Emery