As U.S. antitrust counsel to global companies, it is increasingly important to track major developments in the international competition law landscape, including at the European Commission and the National Competition Authorities (NCAs) in Europe.

The New York Times had a short but smart interview with former Assistant Attorney General for Antitrust Makan Delrahim about how the repeal of the 1940s-era Paramount antitrust decrees helped Taylor Swift...

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...

In its first precedential opinion of 2025, Honeywell v. 3G Licensing, No. 2023-1354, the Federal Circuit held that a person of ordinary skill in the art (POSA) needs not to have the same motivation as the inventor in an obviousness inquiry, ...

A claimant's recovery of attorneys' fees in a trade secret action ordinarily reflects an overwhelming success at trial.

Five days remain to submit comments to the ITC's Proposed Amendments to the Rules of Practice and Procedure for Section 337 investigations: https://www.regulations.gov/, Docket No. MISC-049.

On December 5, the Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corp. will hear high-stakes arguments concerning the application of the federal Defend Trade Secrets Act ...

Puma Biotechnology is the latest victim of standing requirements in patent cases that continue to wreak havoc on plaintiffs' ability to recover a full measure of damages.

Can a patentee really just take a pass on alleging that an accused product meets a limitation in an asserted claim, even where the case involves complex technology?...

Following my colleagues' efforts in this series, this post examines the dissent/concurrence practice of the Commissioners at the U.S. International Trade Commission (USITC)...

At the International Trade Commission (ITC), every decision made by an Administrative Law Judge (ALJ) is subject to review by a panel of up to six Commissioners.

When private suits alleging collusion hit, I search the complaint for "confidential witness."

On January 28, Axinn hosted a Healthcare Antitrust Year-In-Review CLE webinar, presented by counsel Carol Liu and Monica Smith, and associates Tasneem Chowdhury and Kaitlin Rittgers, and moderated by partner Lisl Dunlop.

The 2024 Guidance Update on patent subject matter eligibility applicable to AI inventions, which will be incorporated into the MPEP "in due course," is scheduled to be published in the Federal Register on July 17, 2024.

Earlier this month, a federal district court denied the Outsourcing Facilities Association's preliminary injunction motion, which sought to preclude FDA from taking enforcement...

In a recent opinion piece in Newsweek, Dr. Rahul Tiwari asserts that pharmaceutical companies in India have an opportunity to supplant China's dominant position in producing...

Axinn partner Lisl Dunlop moderated a panel entitled "Pharma Under the Antitrust Microscope," which outlined the legal and economic aspects of several new and emerging antitrust theories in the pharmaceutical industry.

Only six months after initiation of the program, the Department of Justice Antitrust Division has announced the first criminal charges and accompanying monetary reward resulting from an employee whistleblower through the new Whistleblower Rewards Program.

Last Friday, the DOJ filed a Statement of Interest in In Re Frozen Potato Products Antitrust Litigation, a multidistrict price fixing litigation filed in the Northern District of Illinois against four producers of frozen potato products that used PotatoTrack, a third-party data analytics platform.

Last week, the FTC and the Illinois and Minnesota Attorneys General brought suit against Deere & Company (Deere) challenging allegedly unfair equipment repair restrictions...