Attempting to put some teeth into the policy statement that it issued last month, the FTC sent letters to 10 pharmaceutical companies, asserting that their listing...

To follow up on my February 6, 2024 post, Federal Circuit Judges Prost, Taranto, and Chen heard oral argument on February 9, 2024 in Maxell v. Amperex, No. 23-1194...

The Federal Circuit's recently issued decision in the Amarin/Hikma case continues the drama around skinny labeling for generic and biosimilar products, but the panel certainly went out of its way to couch its analysis.

Last month I checked in on a discovery dispute regarding the timeliness of disclosing noninfringing alternatives (NIAs) in a case with only two rounds of expert reports.

A well-known idiom - widely credited to Ben Franklin in the 1700s - is that an ounce of prevention is worth a pound of cure. Yet, few companies actively train...

Expert report deadlines are a feature of every patent case's scheduling order, but they nevertheless are the constant source of disputes. For example, battles over whether to have two or three or four rounds...

On January 8, 2025, Administrative Law Judge (ALJ) Cameron Elliot issued a public version of the Initial Determination (ID) in Certain Video Capable Electronic Devices...

On Friday, Feb. 7, 2025, the Federal Circuit issued a precedential opinion in Wuhan Healthgen Biotech. Corp. v. U.S. Int'l Trade Comm'n, No. 23-1389, 2025 WL 420819 (Fed. Cir. 2025).

On April 30, 2024, the Silicon Valley Arbitration and Mediation Center published the 1st edition of its Guidelines on the Use of AI in Arbitration, which "shall apply when and to the extent...

We're excited to be visiting Sydney next week to catch up with competition law colleagues on our way to the ABA 2025 Asia-Pacific Conference. This is a time of unprecedented activity and change in antitrust law and policy worldwide.

In somewhat of a surprise, FTC Chairman Ferguson announced yesterday that the FTC and Department of Justice's joint 2023 Merger Guidelines "are in effect and are the framework for this agency's merger-review analysis."

The FTC recently issued a policy statement warning drug manufacturers that it "intends to scrutinize improper Orange Book listings" and "use its full legal authority" to "tak[e] actions...

Before filing a lawsuit against FDA, I often get asked by clients whether FDA will retaliate by, for example, delaying review times or more closely scrutinizing applications.

On July 16, 2024, the Federal Circuit affirmed both the sua sponte order issued by the District of Delaware requiring Lori LaPray.

In Hatch-Waxman litigation, method of treatment patents present unique infringement issues. Because generic drug manufacturers typically do not treat patients, patentees frequently...

It looks like 2026 will be another year of antitrust challenges by student-athletes for the National Collegiate Athletic Association ("NCAA").

The District Court vacated the new HSR Rule and its accompanying HSR Form on February 12 but stayed its decision for 7 days.

The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world.

Last week, the FTC held a workshop entitled “Eleventh-Hour Antitrust Remedy Proposals and Litigating the Fix,” featuring remarks by FTC Chairman Andrew Ferguson and FTC Commissioner Mark Meador.

On May 22nd, the Department of Justice ("DOJ") and Federal Trade Commission ("FTC") filed a joint Statement of Interest in a case against several prominent asset managers...