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  • Article

    The Sham Litigation Exception After AbbVie - Is The Subjective Element A Sham?

    he Federal Trade Commission ("FTC") sued AbbVie and Besins Healthcare, co-owners of a patent that covered brand AndroGel, in 2017. The FTC claimed that the manufacturers had...
    United StatesAntitrust/Competition Law
    Haug Partners
    Haug Partners
  • Article

    Competition Law And Frivolous Litigation: An Indian Perspective

    Mere solicitation of government activity was not violative of anti-trust laws, irrespective of the incidental effects of such activity being anti-competitive.
    IndiaAntitrust/Competition Law
    Luthra and Luthra Law Offices India
    Luthra and Luthra Law Offices India
  • Article

    Korean High Court Overrules The KFTC's Decision In Strike By Physicians

    In March 2016, the KMA, an association of more than 100,000 Korean physicians, won a decisive victory over the KFTC when the Seoul High Court entirely overruled the KFTC's sanctions...
    South KoreaAntitrust/Competition Law
    Lee & Ko
    Lee & Ko
  • Article

    DOJ Issues First Business Review Letter Approving Competitor Collaboration In Response To COVID-19

    On April 4, 2020, the Department of Justice issued a business review letter allowing collaboration among five distributors of personal-protective equipment ("PPE")...
    United StatesAntitrust/Competition Law
    Sheppard
    Sheppard
  • Article

    Kristen Healey Cramer, Barry Herman, Kevin Mangan & Candace Gill To Take Part In ACC In-House Counsel Conference In Philly

    The 10th annual In-House Counsel Conference takes place April 25 at the Pennsylvania Convention Center.
    United StatesAntitrust/Competition Law
    Womble Bond Dickinson
    Womble Bond Dickinson
  • Article

    Review Of Law Amendments In IP Sphere For 2018

    The applicant will be able to define independently which way of protection to choose.
    RussiaIntellectual Property
    Noerr
    Noerr
  • Article

    Hatch-Waxman Infringement Claims And FDA Citizen Petition May Violate Antitrust Laws

    Tyco Healthcare Group LP and Mallinckrodt, Inc. own several patents directed to temazepam (brand name Restoril), a drug used to treat insomnia.
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    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
  • Article

    Claims Directed To Document Data Extraction Technology Not Patent Eligible Under § 101

    In Content Extraction & Transmission LLC v. Wells Fargo Bank, the Federal Circuit affirmed the district court’s grant of a motion to dismiss under Fed. R. Civ. P. 12(b)(6), which found the asserted claims invalid...
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    Jurisdictional Uncertainty In Internet Disputes In Russia

    Russian civil procedure is characterised by the existence of two systems of courts hearing civil matters: arbitrazh courts and courts of common jurisdiction.
    RussiaLitigation, Mediation & Arbitration
    Noerr
    Noerr
  • Article

    "Discount" For Antitrust Compliance: Proposed Reduction In Fines Based On Effective Compliance Systems In Russia

    The cornerstone of the draft law is a "discount" for compliance, i.e. the reduction in penalty amounts (by 12.5%) for antitrust violations if an effective compliance system is in place at the enterprise concerned.
    RussiaAntitrust/Competition Law
    Noerr
    Noerr
  • Article

    The Top 100 European Independent Firms 2022: Iberian Networks, And The Future Of European Networks

    For our final post on this topic of the top 100 European independent firms, our first stop is the Iberian peninsula.
    European UnionLaw Department Performance
    IR Global
    IR Global
  • Article

    New Jersey Law Against Discrimination Protects Autism Non-Profit In Land Dispute

    The New Jersey Appellate Division, in a landmark ruling — Oasis Therapeutic Life Centers, Inc. v. Wade et al., (December 10, 2018) ...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Update On Antitrust Enforcement And ESG Initiatives

    Last year, we wrote about the potential antitrust liability companies might face from participating in organizations seeking to advance environmental, social and governance (known as ESG) goals.
    United StatesLitigation, Mediation & Arbitration
    BakerHostetler
    BakerHostetler
  • Article

    FDA's Revised Draft Guidance On Citizen Petition Process Highlights Antitrust Risk For Filers

    On October 2, 2018, the Food & Drug Administration released revised draft guidance regarding Citizen Petitions and Petitions for Stay of Action under Section 505(q) of the Federal Food, Drug, and Cosmetic Act (FD&C Act).
    United StatesFood, Drugs, Healthcare, Life Sciences
    Arnold & Porter
    Arnold & Porter
  • Article

    Settlements Between Foreign Producers And The Domestic Industry In The Antidumping Duty Review Context: Beneficial Or Extortionist?

    Unquestionably our legal system encourages and touts the benefits of settlements.
    United StatesInternational Law
    Hughes Hubbard & Reed LLP
    Hughes Hubbard & Reed LLP
  • Article

    Antitrust Liability For Protecting Patent Rights: Where’s The "Clear And Convincing" Evidentiary Standard At The Summary Judgment Stage?

    The Federal Circuit recently permitted Mutual Pharmaceutical to proceed with counterclaims that Tyco’s patent enforcement litigation and FDA citizen’s petition violated the antitrust laws.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Spain's ‘Biggest European Firm' Title Passes To France

    Growth of 7.7% at the French outfit Fidal means it replaces Spain´s largest firm as Europe´s number one
    SpainLaw Practice Management
    Iberian Lawyer
    Iberian Lawyer
  • Article

    FTC Hit With Lawsuit by Target Of Its Fraudulent Patent Enforcement Investigation

    On January 13, 2014, MPHJ Technology Investment LLC (MPHJ) filed a seven-count complaint against the Federal Trade Commission (FTC) alleging various constitutional and other violations, including violations of MPHJ’s First Amendment rights and violations of the Separation of Powers Doctrine.
    United StatesAntitrust/Competition Law
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    COVID-19 Response: Antitrust Considerations For Competitor Collaboration In The Face Of Disruptions Caused By The Coronavirus Outbreak

    Collaborative strategies among competitors to address supply-chain disruptions could result in pro-competitive strategies and responses.
    United StatesAntitrust/Competition Law
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP

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