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Intellectual Property Law and Antitrust

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South Korean Antitrust Enforcers Sets Sights On Intellectual Property

Posted  02/3/12
While many international businesses are used to navigating through the tricky shoals of United States antitrust enforcement and intellectual property (“IP”) law, they are now finding they need to navigate through South Korean regulation as well. As South Korean firms have become increasingly prominent players in the global technology marketplace, the Korean government has become an increasingly prominent player...

Smartphone Patent Wars Spreading Around The World

Posted  12/23/11
Right now, the smartphone patent wars are raging across the globe. For example, Apple recently prevailed in a skirmish before the International Trade Commission that could theoretically stop the importation into the United States of all smartphones based on Google’s Android mobile operating system.  In Germany, Motorola Mobility, which Google is in the process of acquiring, won a victory against Apple for patent...

Viacom And Cablevision Agree To Streaming Settlement

Posted  08/22/11
Viacom and Cablevision have settled their dispute over streaming media content. Viacom, which offers MTV, VH1, CMT, Nickelodeon, BET, Comedy Central, and Spike TV, accused Cablevision of using its new iPad app to illegally stream such popular media content.  In a jointly issued statement, the companies announced they “were able to resolve the iPad matter and an unrelated business matter to their mutual...

Viacom Seeks To Cancel TV Programs On iPads In Cablevision Suit

Posted  07/14/11
TV network Viacom is suing cable TV operator Cablevision to stop Cablevision from delivering Viacom channels to subscribers’ iPad tablets. Viacom claims that Cablevision’s iPad app, which works only in a subscriber’s home, violates contractual, copyright, and trademark rights, because the companies’ agreement allows Cablevision to distribute Viacom’s programming via only “cable TV.”  Cablevision has...

Feds Eyeing Bids In Historic High-Tech Auction

Posted  06/22/11
Antitrust concerns are causing the U.S. Department of Justice to eye an unprecedented auction of a mother lode of digital-communication technology warily. Bankrupt telecom equipment maker Nortel Networks plans to auction off a treasure trove of more than 6,000 high-tech patents next week.  The patents cover vital parts of the new 4G LTE wireless protocol, wireless video, Wi-Fi, and many other wired and wireless...

Supremes Raise Hurdle For Invalidating Patents And For Antitrust Counterclaims

Posted  06/17/11
Antitrust counterclaims are going to be more difficult to prove in patent cases as a result of the Supreme Court’s recent ruling that all court challenges to the validity of a patent must be proved by clear and convincing evidence. In Microsoft v. i4i Partnership, the Court held that although the Patent Act is silent on the standard of review that courts should apply to patent defenses based on invalidity, the...

Supremes Take A Pass On Challenge To Patent Holders’ Payments To Generics

Posted  03/8/11
Patent holders seeking to settle patent infringement cases are breathing a little easier today as a result of yesterday’s decision by the Supreme Court not to review the ruling of the Second Circuit Court of Appeals in Arkansas Carpenters Health and Welfare Fund v. Bayer AG (In re Ciprofloxacin Hydrochloride Antitrust Litig.), 05-2851-cv(L) (2d Cir. 2010) (“Cipro”). The Supreme Court thereby leaves undisturbed...

32 State Attorneys General Ask The Supreme Court To Overturn The Second Circuit's Legal Standard Governing Reverse Payments

Posted  02/28/11
In January, 32 state attorneys general filed an amicus brief in the U.S. Supreme Court, urging the Court to hear and overturn Arkansas Carpenters Health and Welfare Fund v. Bayer AG (In re Ciprofloxacin Hydrochloride Antitrust Litig.), 05-2851-cv(L) (2d Cir. 2010) (“Cipro”).  In Cipro, the Second Circuit affirmed its legal standard governing so-called "reverse payments," which are payments by a brand name drug...

Federal Circuit Holds Antitrust Violation Is Not Per Se Patent Misuse In Princo Case

Posted  09/27/10
An antitrust violation involving a patent is not necessarily a defense in a patent infringement suit, the U.S. Court of Appeals for the Federal Circuit has ruled in Princo v. ITC. In its third opinion in the long-running Princo case, the court rejected recordable CD manufacturer Princo’s argument that an agreement between two firms to market one firm’s patent and suppress the other renders the patent that was...

Federal Court Denies GE’s Request To Turn Off The Lights In Mitsubishi Heavy’s Mighty Wind Case

Posted  09/9/10
A federal judge has denied General Electric Company’s request to pull the plug on Mitsubishi Heavy Limited’s potential billion-dollar case alleging GE has tried to snuff out competition in the wind turbine market. United States District Court Judge J. Leon Holmes in Fayetteville, Arkansas, has denied GE’s motion to dismiss an attempted monopolization case brought by Mitsubishi.  Mitsubishi alleges that GE...