The Federal Trade Commission's final rule banning non-competes was published in the Federal Register today, potentially becoming effective on September 4, 2024.

The Federal Trade Commission's final rule banning non-competes was published in the Federal Register today, potentially becoming effective on September 4, 2024.

Today, the Supreme Court denied certiorari in Teva Pharms. USA, Inc. v. GlaxoSmithKline, LLC, 22-37, locking in the Federal Circuit's second panel decision, which held that Teva's attempted section viii carveout of an indication ...

The Federal Circuit recently clarified its written description jurisprudence concerning claims directed to methods of using a genus, distinguishing between claims using a genus for its characteristic function versus claims using a genus for a different function.

Like in the United States, competition enforcement in Europe is in flux. The European Commission has appointed new leadership (Teresa Ribera) and set new policy directives

While French luxury brand Hermès is likely best known for its Birkin handbags and silk scarves, a group of plaintiff consumers in California are focused on its ties—or more accurately, its alleged ties, which plaintiffs claim Hermès used in violation of Sherman Act Sections 1 and 2 ...

In ABS Global, Inc. v. Cytonome/ST, LLC, No. 2022-1761, 2023 WL 6885009 (Fed. Cir. Oct. 19, 2023), the Federal Circuit issued a precedential reminder that the use of "a" or "an"...

In the first decision to issue following the Supreme Court's denial of certiorari in Teva Pharms. USA, Inc. v. GlaxoSmithKline, LLC, 22-37, Magistrate Judge Sherry R. Fallon...

In its recent en banc decision issued in LQK v. GM Global, the Federal Circuit overruled the Rosen-Durling test for design patent obviousness...

The Supreme Court heard arguments yesterday in Amgen v. Sanofi, the closely-watched case involving the enablement standard for patent claims, particularly as applied to functionally-defined genus claims.

For forty years, Chevron has put a thumb on the scales in favor of the executive agencies whenever their decisions were challenged in court. Now, the Supreme Court has overturned that longstanding precedent...

At the recent Artificial Intelligence Action Summit in Paris, France, on February 10-11, 2025, U.S. Vice President JD Vance emphasized America's commitment to AI leadership and to avoiding excessive regulation of AI.

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. During the 2026 Spring Meeting, Axinn associates attended thought leadership panels to capture key insights.

Yesterday, the D.C. Circuit issued the latest decision in the saga over President Trump's firing of the Democratic Federal Trade Commission (FTC) Commissioners.

The FTC lost its challenge to Novant's acquisition of two hospitals owned by Community Health Systems ("CHS")...

In the first merger challenge of the second Trump Administration, on January 30, the U.S. Department of Justice ("DOJ") Antitrust Division filed suit seeking to block Hewlett Packard Enterprise Company's ("HPE's")...

The Department of Justice's Criminal Deputy outlines how antitrust enforcement applies to algorithmic pricing tools, distinguishing between legitimate software use and illegal collusion. When do pricing algorithms cross the line from benign business tools into criminal price-fixing conspiracies, and what evidence will prosecutors seek to prove competitors knowingly coordinated through shared data and common models?

On August 19, a jury in Oklahoma found one company and two individuals—the company’s vice president and its estimator—guilty of price fixing and bid rigging.

On July 15, 2025, Judge Evelyn Padin of the District of New Jersey denied Novartis's motion for preliminary injunction, which would have blocked MSN Laboratories Pvt. Ltd. from selling a generic version of Novartis's Entresto based on alleged trade dress infringement.

On March 24, 2025, the United States Patent and Tradmark Office ("USPTO") issued a new Memorandum providing guidance on discretionary denials (or "Fintiv denials")...