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Intellectual Property Law and Antitrust

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Second Circuit Denies Rehearing En Banc In Cipro Reverse-Payment Litigation

Posted  09/7/10
The U. S. Court of Appeals for the Second Circuit denied rehearing en banc today of its recent decision in the reverse-payment case of Arkansas Carpenters Health and Welfare Fund v. Bayer AG (In re Ciprofloxacin Hydrochloride Antitrust Litigation) – despite the original three-judge appellate panel’s extraordinary invitation to the parties to submit briefs requesting rehearing by the entire court. The case...

AstraZeneca Finds Little Antitrust Relief From EU In Heartburn Drug Case

Posted  07/7/10
The General Court of the European Union has upheld a 2005 ruling by the European Commission that AstraZeneca engaged in anticompetitive behavior to shield its anti-ulcer and heartburn drug, Losec, from competition by blocking generic copies from entering the market. The Commission fined AstraZeneca 60 million euros ($74 million), which the Court reduced to the still significant amount of 52.5 million euros. The...

American Needle Scores Touchdown Against NFL In Supreme Court

Posted  05/24/10
The U.S. Supreme Court ruled in favor of plaintiff American Needle and a more expansive view of the scope of antitrust law today with what may well turn out to be a landmark opinion in the much anticipated case of American Needle, Inc. v. National Football League. The decision rejects the lower courts’ broad grant of immunity to joint ventures from the conspiracy prohibition of § 1 of the Sherman Antitrust...

Financial Accounting Standards Board Sued Over Rights To Commenter’s Thoughts

Posted  05/18/10
A small economics and software company is charging the Financial Accounting Standards Board (FASB) – the organization that sets accounting standards for every public company in the country – with attempting to misappropriate its intellectual property in the standard setting process. Silicon Economics, Inc. (SEI) has filed a complaint in federal court in the Northern District of California that charges that FASB...

EC Overhauls Horizontal Agreement Guidelines And Safe Harbor Exemptions

Posted  05/10/10
The European Commission has unveiled new draft rules for horizontal cooperation agreements as part of the EC’s Horizontal Guidelines and Research & Development and Specialization Agreement Block Exemption Regulations (BERs). The new rules aim to clarify when companies’ horizontal agreements will be deemed to restrict competition and when such agreements will qualify for an exemption.  The rules include a new...

Second Circuit Hints At Reversing Course On Reverse Payments

Posted  05/4/10
Reverse payment settlements, which have inhibited the use of generic drugs, may be alive and well for now, but the United States Court of Appeals for the Second Circuit is recommending that unsuccessful plaintiffs challenging such a settlement seek a second opinion. On Thursday, a panel for the Second Circuit reluctantly upheld a so-called reverse payment settlement in In re Ciprofloxacin Hydrochloride Antitrust...

Supreme Court May Stop Time For Grey Market Watches

Posted  05/3/10
After much confusion in the lower courts – but no actual split among the appeals courts – the Supreme Court has agreed to hear a case about whether consumer goods manufacturers can use copyright law to stop sales of “grey market” imports (goods sold legally abroad and imported into the U.S.), where they compete with the same goods sold through the manufacturer’s authorized channels. In this case, Costco...

It’s First Down For The NFL In The Supreme Court

Posted  10/7/09
Sports leagues and other joint ventures may score an antitrust victory in the Supreme Court this term that makes the Baseball Antitrust Exemption look strictly minor league. The Supreme Court will hear the case of American Needle, Inc. v. National Football League, which concerns the NFL’s practice of licensing NFL and team logos and other intellectual property exclusively through the NFL’s wholly-owned...

The Price Of Innovation

Posted  06/15/09
Many of us think the U.S. health care sector will withstand today’s economy because it supplies important consumer products and services.  Politicians and economists expect pharmaceutical companies to employ scientists, develop medically necessary products, and lead our nation to economic health.  But we must also safeguard companies’ incentive to innovate.  Otherwise we risk losing potentially large sources of...

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