Antitrust Liability Risk When Listing Patents in Orange Book
The US Court of Appeals for the First Circuit held that pharmaceutical companies that wrongly list patents in FDA’s Orange Book must prove they acted in good faith to avoid antitrust liability. In re...
View ArticleStandard Essential Patent Licensing Practices Do Not Violate Antitrust Laws
The US Court of Appeals for the Ninth Circuit vacated a district court decision that found Qualcomm’s patent licensing practices violate antitrust laws and reversed a permanent, worldwide injunction...
View ArticleFourth Circuit Breathes New Life into Monopolization Suit
The US Court of Appeals for the Fourth Circuit revived an antitrust suit alleging that a pharmaceutical manufacturer illegally maintained its monopoly for its innovator drug by precluding competition...
View ArticleFederal Circuit Lacks Appellate Jurisdiction over Standalone Walker Process...
The US Court of Appeals for the Federal Circuit ordered the transfer of a case asserting standalone Walker Process antitrust claims involving an unenforceable patent to the regional circuit, in this...
View ArticleSecond Circuit Rejects FTC Challenge of 1-800 Contacts, Highlighting...
The US Court of Appeals for the Second Circuit vacated a final order of the Federal Trade Commission (FTC), which had found that agreements to refrain from bidding on keyword search terms for internet...
View ArticleEuropean Commission Seeks Comments on Revised Horizontal Guidelines Draft
On 1 March 2022, the European Commission launched a public consultation inviting stakeholders to comment on a revised Horizontal Block Exemption Regulations on Research & Development and...
View ArticleFifth Circuit Takes U-Turn, But Still Concludes Automotive Supplier Can’t...
In response to a petition for panel rehearing, the US Court of Appeals for the Fifth Circuit withdrew its prior decision finding that an automotive parts supplier did not have constitutional standing...
View ArticleIn the Weeds? Humira “Patent Thicket” Isn’t an Antitrust Violation
The US Court of Appeals for the Seventh Circuit affirmed that welfare benefit plans that bought the drug Humira did not have valid antitrust claims against the patent owner. The Court found that...
View ArticleFifth Circuit Affirms Dismissal of Walker Process Claim, Disagrees with...
The US Court of Appeals for the Fifth Circuit affirmed a summary judgment order dismissing a Walker Process monopolization action brought by Ronald Chandler and his oilfield service company Chandler...
View ArticleNoncompulsory Counterclaims Don’t Confer Appellate Jurisdiction
The US Court of Appeals for the Federal Circuit determined that it does not have appellate jurisdiction to review noncompulsory patent counterclaims in a case otherwise unrelated to the originally...
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