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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

FTC hosts workshop on preventing patent "hold-ups" in standard-setting

McDermott Will & Emery
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USA
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June 23 2011

The FTC recently hosted a workshop on preventing patent “hold-ups” in standard-setting

Head of DOJ Antitrust Division comments on standard-setting organizations

McDermott Will & Emery
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USA
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June 29 2011

The head of the United States Department of Justices's (DOJ) Antitrust Division, Christine Varney, gave a speech to the Chamber of Commerce on June 24, 2011

FTC issues report on authorized generics

McDermott Will & Emery
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USA
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September 2 2011

On Wednesday, August 31, the Federal Trade Commission issued a report on "Authorized Generic Drugs: Short-Term Effects and Long-Term Impacts."

RIM, HTC, LG, Apple, Samsung, and Sony named in complaint filed by Graphics Properties Holdings, Inc

McDermott Will & Emery
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USA
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March 5 2012

On March 5, 2012, Graphics Properties, Holdings, Inc. filed a complaint at the U.S. International Trade Commission entitled Certain Consumer Electronics and Display Devices and Products Containing Same naming the following proposed respondents

DOJ, FTC testimony before Congress indicates enforcement focus on standard-essential patents and concern over ITC exclusion orders

McDermott Will & Emery
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USA
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July 13 2012

Recent testimony from the U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission (FTC) before the Senate Judiciary Committee focused on issues relating to standard-setting activities and competition policy

FTC’s proposed rules would generate more HSR filings for transfers of pharmaceutical patent rights

McDermott Will & Emery
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USA
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August 16 2012

The U.S. Federal Trade Commission’s new proposed Hart-Scott-Rodino Act rules will apply only to transfers of pharmaceutical patent rights and are expected to increase the number of filings

DOJ chief warns of threats to competition in standard setting and patent transfers

McDermott Will & Emery
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USA
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September 24 2012

The Acting Assistant Attorney General Joseph Wayland delivered a speech on Friday regarding how antitrust enforcement agencies can “balance patent rights, competition and innovation in the information age.”

Joint DOJ-FTC workshop explores competitive impact of patent assertion entities

McDermott Will & Emery
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USA
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December 17 2012

Federal antitrust enforcement agencies are closely studying the growing activity of patent assertion entities (PAE

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