ArticleWhat 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 LawBona Law PC
ArticleInvesting In The Defence Industry – Challenges And Opportunities In A Highly Regulated SectorFrom 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 SectorNoerr
ArticleNot A Game Changer: Tesla Loses Louisiana Case – Still Not Able To Sell In LouisianaIn 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 StatesTransportBarack Ferrazzano Kirschbaum & Nagelberg
ArticleSham 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 LawSheppard
ArticleRecent Developments In Russian Employment LawThis 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 HRNoerr
ArticleAbbVie's Enforcement Of Its ‘Patent Thicket' For Humira Under The BPCIA Does Not Provide Cognizable Basis For An Antitrust ViolationIn 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 PropertyMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleExecution And Interpretation Of Agreements– Recommendations Of The Supreme Court Of The Russian Federation Of 25 December 2018On 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 LawNoerr
ArticleIn re Union Oil Co. of California: A Setback for FTC’s Standard-Setting Enforcement AgendaFederal 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 PropertyMayer Brown
ArticleANDA Automatic Stay Of FDA Approval Does Not Defeat Standing In Sham Litigation Antitrust CounterclaimThe 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 LawSheppard
Article„Rabatt" Für Kartellrechtliche Compliance: Gesetzentwurf Für Die Reduzierung Von Geldbußen Bei Einrichtung Effektiver Compliance-Systeme In RusslandDer Föderale Antimonopoldienst von Russland („FAS") strebt bereits seit mehreren Jahren die verstärkte Einführung von kartellrechtlichen Compliance-Programmen an.RussiaAntitrust/Competition LawNoerr
ArticleTrademark 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 PropertyNoerr
ArticlePresident Bush Signs New Law Affording Certain Antitrust Protections to Standards Development OrganizationsOn 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 LawMorrison Foerster
ArticleU.S. Antitrust Agencies Adjust Review Processes In Response To COVID-19 CrisisIn 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
ArticleWhen Land Use And Antitrust Collide: The Curious Case Of Wegmans v. Shop RiteOn 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 LawDay Pitney LLP
ArticleFTC Signals Stricter Stance On Injunctions For FRAND-Encumbered PatentsHighlighting 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 PropertyMcDermott Will & Emery
ArticleUnqualified Antitrust Immunity: The In Re Humira DecisionScores 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 LawWolf, Greenfield & Sacks, P.C.
ArticleShould The Patent Procurement Process Fall Under The Remit Of Antitrust Law? – A US PerspectiveFollowing 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 LawBristows LLP
ArticleNinth Circuit Upholds Landmark FRAND Decision And Jury VerdictOn 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 LawOrrick
ArticleThis Week At The Ninth: The Wiretap Act And The Energy Policy And Conservation ActThis 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 ResourcesMorrison Foerster