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Intellectual Property Law and Antitrust

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Court Orders NCAA To Huddle With Former Players In Settlement Talks

Posted  03/4/14
By David Scupp The antitrust battle between the NCAA and its former players over the use of their names and likenesses might finally be coming to a head. Last Friday, Judge Claudia Wilken of the U.S. District Court for the Northern District of California ordered the NCAA to engage in settlement talks in the class action case of In Re NCAA Student-Athlete Name and Likeness Licensing Litigation, with the class...

Supreme Court May Decide Future Of More Than Just Television Reception In Aereo Case

Posted  01/13/14
By Seth D. Greenstein On Friday, the Supreme Court granted certiorari in American Broadcasting Companies v. Aereo, Inc. (“Aereo”), the case that is now slated to decide the question of whether a company “publicly performs” a copyrighted television program by providing consumers a technology to receive and record a broadcast of that program via antenna and then transmit that recording to themselves over the...

Patent Troll Survives Slings And Arrows Of Motion To Dismiss Antitrust Claims

Posted  12/12/13
By Jeffrey I. Shinder
By Jeffrey I. Shinder As Congress contemplates passing comprehensive legislation to deal with patent trolls, an intriguing antitrust case involving a defensive patent aggregator—an entity created to deal with such trolls—will proceed in federal court in San Francisco. The case, Cascades Computer Innovation LLC v. RPX Corporation in the U.S. District Court for the Northern District of California, was brought...

Federal Judge Hangs Up On Apple’s Smartphone Antitrust Claims

Posted  08/17/12
Judge Barbara B. Crabb of the Western District of Wisconsin has granted Motorola Mobility Inc. partial summary judgment on antitrust counterclaims that Apple Inc. has been asserting against Motorola in the patent infringement case of Apple Inc. v. Motorola Mobility Inc. The case stems from Apple’s release of the iPhone in 2005 without first seeking a license for the use of 3G technology developed and patented by...

Third Circuit Agrees With FTC In Applying Stricter Reverse-Payment Settlement Test

Posted  07/31/12
The U.S. Court of Appeals for the Third Circuit has reversed summary judgment in In re K-Dur Antitrust Litigation, and resurrected claims against defendant drug manufacturers that entered into so-called “reverse-payment” or “pay-for-delay” patent litigation settlements that allegedly delayed the sale of generic drugs. The Third Circuit held that settlement agreements in which patent holders make payments to...

Court Holds Football Players’ Claims Fail To Thread American Needle

Posted  06/27/12
Football players’ antitrust claims that the National Football League (“NFL”) and teams conspired to deprive them of their rights to football game footage are being kicked out of court after a federal judge found that the plaintiffs had failed to come within the Supreme Court’s holding in American Needle, Inc. v. National Football League, 130 S. Ct. 2201 (2010). Judge Paul A. Magnusen of the U.S. District...

Pharmacies Allege Antidepressant Manufacturers Depressed Generic Competition

Posted  06/22/12
CVS and Rite Aid pharmacies have filed an antitrust complaint in the U.S. District Court for the District of New Jersey against Wyeth Inc. and Teva Pharmaceuticals for allegedly conspiring to keep generic versions of the popular antidepressant Effexor XR out of the hands of consumers. The two pharmacies allege in Rite Aid Corp et al. v. Wyeth Inc. et al, that the anticompetitive conspiracy included fraudulently...

Proposed Universal-EMI Merger Could Remix Antitrust And Copyright Law

Posted  06/7/12
The proposed Universal-EMI merger could lead to another remix of antitrust and copyright law as regulators grapple with consolidation in the recorded-music business. Notably, the proposed acquisition could affect digital sampling, the technique musicians use to digitally copy and remix sounds from existing albums into a new sound recording. The FTC and the European Commission are reviewing the proposed merger...

Court Strikes Flash Memory Card Claims As Too Tardy

Posted  05/30/12
Patent holders of technologies supporting digital camera and cell phone flash memory cards known as Secure Digital Memory Cards (“SD Cards”) have succeeded in defeating antitrust claims against them as too tardy. Judge Jeffrey S. White has dismissed the plaintiffs’ claims in Oliver v. 3D-3C, LLC, in the U.S. District Court for the Northern District Court of California, after finding the claims are untimely...

Sour Decision For Plaintiffs In Extra-Sweet Pineapple Litigation

Posted  03/16/12
A California state appellate court has upheld the denial of class certification in a case brought by consumers alleging that Fresh Del Monte Produce Inc. monopolized the extra-sweet pineapple market in violation of California Unfair Competition Law. Del Monte was accused in Conroy v. Fresh Del Monte Produce Inc. of attempting to obtain a patent for extra-sweet pineapple – despite knowing that pineapple variety...