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  • Article

    What Are The Available Exemptions To Antitrust Liability?

    Congress and the federal courts have—over time—created several exemptions or immunities to antitrust liability.
    United StatesAntitrust/Competition Law
    Bona Law PC
    Bona Law PC
  • Article

    Investing In The Defence Industry – Challenges And Opportunities In A Highly Regulated Sector

    From today's standpoint within the European defence industry, fresh opportunities are beginning to surface. The United States' geopolitical shift towards the Chinese and Indo-Pacific regions is casting uncertainty...
    GermanyGovernment, Public Sector
    Noerr
    Noerr
  • Article

    Not A Game Changer: Tesla Loses Louisiana Case – Still Not Able To Sell In Louisiana

    In our first installment of InMotion last September, we suggested that a recently filed lawsuit by Tesla against the Louisiana Automobile Dealers Association (LADA) and various parties...
    United StatesTransport
    Barack Ferrazzano Kirschbaum & Nagelberg
    Barack Ferrazzano Kirschbaum & Nagelberg
  • Article

    Busy Times At The FTC

    United StatesAntitrust/Competition Law
    Pillsbury Winthrop Shaw Pittman
    Pillsbury Winthrop Shaw Pittman
  • Article

    Sham Hatch-Waxman Infringement Suits And FDA Citizen Petitions; A Potential For New Liability For Innovators?

    Under what is commonly known as "Noerr-Pennington immunity," persons exercising their First Amendment right to petition the government for redress...
    United StatesAntitrust/Competition Law
    Sheppard
    Sheppard
  • Article

    Recent Developments In Russian Employment Law

    This newsletter provides a general overview of the most important changes to Russian employment and immigration laws in 2018 and covers the key aspects of court practice on employment-related issues.
    RussiaEmployment and HR
    Noerr
    Noerr
  • Article

    AbbVie's Enforcement Of Its ‘Patent Thicket' For Humira Under The BPCIA Does Not Provide Cognizable Basis For An Antitrust Violation

    In a recent decision in In Re Humira (Adalimumab) Antitrust Litigation, No. 19-cv-1873, Judge Shah of the Northern District of Illinois dismissed a consolidated class action complaint filed by U.S...
    United StatesIntellectual Property
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Execution And Interpretation Of Agreements– Recommendations Of The Supreme Court Of The Russian Federation Of 25 December 2018

    On 25 December 2018 the Plenum of the Supreme Court of the Russian Federation ("Plenum") has adopted recommendations for the court practice on the execution and interpretation of agreements.
    RussiaCorporate/Commercial Law
    Noerr
    Noerr
  • Article

    In re Union Oil Co. of California: A Setback for FTC’s Standard-Setting Enforcement Agenda

    Federal Trade Commission Administrative Law Judge D. Michael Chappell rebuffed two of FTC Chairman Timothy Muris’ key antitrust initiatives last November, when he dismissed the FTC staff’s complaint against Union Oil Co. of California ("Unocal").
    United StatesIntellectual Property
    Mayer Brown
    Mayer Brown
  • Article

    ANDA Automatic Stay Of FDA Approval Does Not Defeat Standing In Sham Litigation Antitrust Counterclaim

    The District of Delaware recently denied a motion to dismiss an antitrust counterclaim in a patent infringement action in the wake of defendant Mylan, Inc. ("Mylan") having filed an Abbreviated New Drug Application ("ANDA") with the Federal Drug Administration ("FDA").
    United StatesAntitrust/Competition Law
    Sheppard
    Sheppard
  • Article

    „Rabatt" Für Kartellrechtliche Compliance: Gesetzentwurf Für Die Reduzierung Von Geldbußen Bei Einrichtung Effektiver Compliance-Systeme In Russland

    Der Föderale Antimonopoldienst von Russland („FAS") strebt bereits seit mehreren Jahren die verstärkte Einführung von kartellrechtlichen Compliance-Programmen an.
    RussiaAntitrust/Competition Law
    Noerr
    Noerr
  • Article

    Trademark Distinctiveness In Russia: Is Hygge Too Good To Be A Trademark?

    For most of those interested in Denmark, its culture and traditions, hygge is one of the first words to learn.
    RussiaIntellectual Property
    Noerr
    Noerr
  • Article

    President Bush Signs New Law Affording Certain Antitrust Protections to Standards Development Organizations

    On June 22, 2004, President Bush signed into law H.R. 1086, which includes the Standards Development Organization Advancement Act of 2004 ("the Act"). The Act amends the existing National Cooperative Research and Production Act of 1993 ("the NCRPA") to extend the NCRPA protections to standards development organizations ("SDO").
    United StatesAntitrust/Competition Law
    Morrison Foerster
    Morrison Foerster
  • Article

    U.S. Antitrust Agencies Adjust Review Processes In Response To COVID-19 Crisis

    In response to the COVID-19 pandemic, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice have changed two of their review processes.
    United StatesCoronavirus (COVID-19)
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    When Land Use And Antitrust Collide: The Curious Case Of Wegmans v. Shop Rite

    On November 12, the U.S. Court of Appeals for the Third Circuit issued a decision reversing the U.S. District Court for the District of New Jersey, and holding that Village Supermarkets, Inc., which attempted to thwart the plans of Hanover 3201 Realty LLC to develop its property with a competitor supermarket, may be subject to an antitrust claim brought by Hanover Realty.
    United StatesAntitrust/Competition Law
    Day Pitney LLP
    Day Pitney LLP
  • Article

    FTC Signals Stricter Stance On Injunctions For FRAND-Encumbered Patents

    Highlighting its continued focus on standard-setting processes, the Federal Trade Commission (FTC) recently warned patent holders seeking injunctive relief against willing licensees of FRAND-encumbered standards-essential patents (SEPs) that it can and will challenge such conduct as an unfair method of competition under Section 5 of the FTC Act.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Unqualified Antitrust Immunity: The In Re Humira Decision

    Scores of lawyers and stakeholders in the biologics industry had been eagerly awaiting guidance from a federal district court in the In re Humira (Adalimumab) Antitrust Litigation...
    United StatesAntitrust/Competition Law
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    Should The Patent Procurement Process Fall Under The Remit Of Antitrust Law? – A US Perspective

    Following on from a recent CLIP of the month post on the lawfulness of strategic patenting under EU competition law, an amicus curiae brief recently filed by the US Department of Justice provides an insight into the US position ...
    United StatesAntitrust/Competition Law
    Bristows LLP
    Bristows LLP
  • Article

    Ninth Circuit Upholds Landmark FRAND Decision And Jury Verdict

    On July 30, 2015, the Ninth Circuit issued one of the most significant appellate opinions regarding standard essential patents (SEPs) subject to commitments to license on fair, reasonable and non-discriminatory terms.
    United StatesAntitrust/Competition Law
    Orrick
    Orrick
  • Article

    This Week At The Ninth: The Wiretap Act And The Energy Policy And Conservation Act

    This week, the Court addresses the Wiretap Act and whether the Energy Policy and Conservation Act preempts Berkeley's natural-gas-infrastructure ban.
    United StatesEnergy and Natural Resources
    Morrison Foerster
    Morrison Foerster

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