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Results: 1-10 of 78

Massachusetts Court Weighs in on Product Hopping Allegations and Reverse Payment Standing
  • McDermott Will & Emery
  • USA
  • November 11 2016

Addressing a motion to dismiss a bevy of antitrust allegations, the US District Court for the District of Massachusetts held that a class of


No competitive injury without intent and action to enter the market
  • McDermott Will & Emery
  • USA
  • May 28 2015

In a precedential case of first impression interpreting 35 U.S.C. 292 of the America Invents Act (AIA), the new “False Marking Statute,” the U.S


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


Northern District of California Dismisses Claims that Gilead Violated the Antitrust Laws in Seeking to Protect its Position on HIV Drug
  • McDermott Will & Emery
  • USA
  • November 11 2016

Ruling on a motion to dismiss, the US District Court for the Northern District of California dismissed AIDS Healthcare's antitrust claims alleging


Second Circuit: No Valid Sherman Act Claim Where Citizen Petition Denied Contemporaneously with ANDA Approval
  • McDermott Will & Emery
  • USA
  • November 11 2016

The US Court of Appeals for the Second Circuit held that a pharmaceutical manufacturer failed to state a Sherman Act Section Two claim because the


A new front in the patent wars: CJEU asked for guidance on limits to injunctive relief
  • McDermott Will & Emery
  • European Union, USA
  • 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


En banc Federal Circuit addresses patent misuse
  • McDermott Will & Emery
  • USA
  • 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


FTC signals stricter stance on injunctions for FRAND-encumbered patents
  • McDermott Will & Emery
  • USA
  • December 27 2012

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


Second Circuit dismisses $500m telecom antitrust suit
  • McDermott Will & Emery
  • USA
  • 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


Reverse payment settlements
  • McDermott Will & Emery
  • USA
  • 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