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  • Article

    FTC And State AGs File "Right To Repair" Lawsuit Against Deere & Co.

    Last week, the FTC and the Illinois and Minnesota Attorneys General brought suit against Deere & Company (Deere) challenging allegedly unfair equipment repair restrictions...
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    FTC Issues Proposed Rule Banning Employee Non-Compete Clauses

    In a much anticipated move that is certain to be challenged in court, the Federal Trade Commission on Thursday published a proposed rule that would broadly ban businesses from entering into or enforcing...
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    Will The FTC Evade A String Of Constitutional Attacks?

    Less than two months ago, the FTC faced at least five separate lawsuits challenging the constitutionality of the agency in response to antitrust actions.
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    Rethinking Interchangeability, Top Cases, And Battling Misinformation At FDLI's Annual Conference

    Last week, the Food and Drug Law Institute held its Annual Conference while also celebrating its 75th anniversary. There, members of FDA and industry players gathered to discuss the latest legal, policy, and regulatory...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Axinn
    Axinn
  • Article

    Is Common Sense Simple?

    In analyzing patent obviousness, how "simple" must the relevant technology be in order for "common sense" to supply a limitation missing in the prior art?
    United StatesIntellectual Property
    Axinn
    Axinn
  • Article

    Is Palworld Illegally Infringing Pokémon's Trademarks And Copyrights?

    Did Nintendo finally release a Pokémon videogame with guns? Oh, wait, it's not Pokémon at all – it's Palworld, a game released by Pocket Pair, a different Japanese videogame company.
    United StatesIntellectual Property
    Axinn
    Axinn
  • Article

    Old Tricks/Bad Habits At The Federal Circuit

    The Federal Circuit used to get a lot of flak for failing to defer to factual findings of the tribunal it was reviewing. My (highly unscientific) sense is that such criticism...
    United StatesIntellectual Property
    Axinn
    Axinn
  • Article

    Trade Secrets, ET, And The ITC

    The U.S. International Trade Commission (ITC) has broad power to issue exclusion orders blocking the importation of goods determined to have infringed or misappropriated complainants' IP rights.
    United StatesIntellectual Property
    Axinn
    Axinn
  • Article

    USITC Commissioner Series: Commissioner Schmidtlein Is Stepping Down, Which Could Lead To More Tailored Exclusion Orders

    On Thursday, January 16, 2025, the U.S. International Trade Commission (ITC) announced that Commissioner Rhonda K. Schmidtlein will step down on February 1, 2025.
    United StatesInternational Law
    Axinn
    Axinn
  • Article

    Something To Talk About: Recent Developments In Federal Court SLAPP Suits

    Many states have enacted statutes curtailing Strategic Lawsuits Against Public Participation (known as "anti-SLAPP" statutes) to protect parties from lawsuits designed to chill speech.
    United StatesLitigation, Mediation & Arbitration
    Axinn
    Axinn
  • Article

    Federal Circuit Set To Consider Whether A Blockchain Application Is Patent Eligible

    Does recording an object's physical properties to a blockchain render the resulting network (or method of using the same) patent-eligible? In Rady v. Boston Consulting Group...
    United StatesTechnology
    Axinn
    Axinn
  • Article

    First Appellate Ruling On Algorithmic Pricing: What The Ninth Circuit Said Versus What It Did

    In Gibson v. Cendyn Group, the U.S. Court of Appeals for the Ninth Circuit became the first federal court of appeals to evaluate an antitrust claim based on algorithmic pricing.
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    Let's Talk "About". . . That Bird?

    Much ink has been spilled over the meaning of “about” when used to characterize an amount or a range recited in a patent claim.
    United StatesIntellectual Property
    Axinn
    Axinn
  • Article

    Court Temporarily Halts FTC Proposed Rule On Non-Competes

    The FTC's recent rule largely rendering employment-related non-compete covenants unenforceable has hit a roadblock—at least with respect to the named plaintiffs in the first-filed challenge...
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    FTC Announces Revised HSR Thresholds For 2026

    Transactions valued at over $133.9 million will require HSR premerger notification in 2026. The updated thresholds are expected to take effect for transactions closing in mid- to late February 2026.
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    Keeping An Eye On The Ball: America First Antitrust Weighs In On The "Uniquely American System Of Scholar Athletics"

    Tennessee basketball player Zakai Zeigler has appealed the district court's denial of his bid to secure a preliminary injunction against the NCAA's "Four-Seasons Rule."
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    Patman Returns … And Retreats Again

    When agency enforcement of the Robinson-Patman Act (RPA) was revived near the end of the Biden administration, it was met with mixed reactions.
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    No Games In Merger Review: DOJ Signals Discipline And Continuity

    On May 7, 2026, Acting Assistant Attorney General Omeed A. Assefi delivered remarks at NYU Law’s Engelberg Center outlining the Antitrust Division’s current approach to merger review.
    United StatesCorporate/Commercial Law
    Axinn
    Axinn
  • Article

    FTC Peeling Back The Layers Of The Orange Book

    The Federal Trade Commission (FTC) is continuing to pursue pharmaceutical manufacturers for allegedly improperly listing patents in the "Orange Book," delaying the entry of generic drug competitors.
    United StatesIntellectual Property
    Axinn
    Axinn
  • Article

    Recent Decision Shows The Heavy Burden Of Actual Malice In Defamation Suits

    Ever since the landmark case New York Times Co. v. Sullivan, 376 U.S. 254 (1964), to succeed on a defamation claim, plaintiffs who are also public figures have a constitutional requirement...
    United StatesLitigation, Mediation & Arbitration
    Axinn
    Axinn

Showing 181–200 of 316 results

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