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Category Archives: IP Antitrust

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Wisconsin Legislators Pass Bill to Thwart “Patent Trolls”

Posted in IP Antitrust

On March 20, 2014, Wisconsin lawmakers passed a bill in an attempt to limit the ability of non-practicing entities (NPE) – also commonly referred to as “patent trolls” – to file claims demanding patent licensing payments.  Wisconsin Senate Bill 498 applies to all patent owners who wish to file patent infringement claims, but provides exceptions [...]

Lawmakers Go Hunting for “Patent Trolls”

Posted in IP Antitrust

Oregon has now become the second state to take aim at non-practicing entities (NPEs), more colorfully called “patent trolls,” with laws addressing patent enforcement.  On February 25, 2014, the state attorney general announced that the legislature had passed a measure making it a violation of the Oregon Unlawful Trade Practices Act to send a demand [...]

FTC Hit with Lawsuit by Target of its Fraudulent Patent Enforcement Investigation

Posted in FTC Developments, IP Antitrust

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. The FTC began an investigation into MPHJ’s business practices and in December 2013 served MPHJ [...]

FTC Focuses Enforcement Efforts on Health Care, Technology and Energy Sectors

Posted in Energy/Commodities, FTC Developments, Healthcare Antitrust, IP Antitrust, Monopolization/Abuse of Dominance

On November 15, 2013, Chairwoman Edith Ramirez testified on behalf of the Federal Trade Commission (FTC) before the House Subcommittee on Regulatory Reform on the topic of antitrust oversight and enforcement.  Ramirez explained that the FTC “focuses its enforcement efforts on sectors that most directly affect consumers, such as health care, technology and energy.” The [...]

FTC Initiates Inquiry Into Patent Assertion Entities

Posted in DOJ Developments, FTC Developments, IP Antitrust

by William Diaz Last week, the Federal Trade Commission (FTC) announced its decision to seek public comment on a proposal to gather information from approximately 25 patent assertion entities (PAE).  The agency defines a PAE as a company whose business model focuses primarily on purchasing patents and then attempting to generate revenue by asserting the [...]

NCAA Argues For Dismissal of Athletes’ Latest Antitrust Complaint

Posted in IP Antitrust

by Megan Morley Last week, the NCAA asked the Northern District of California to throw out a suit initiated in 2009 on behalf of former and current NCAA athletes.  NCAA Student-Athlete Names & Likeness Licensing Litigation, case number 4:09-cv-01967.  The athletes claim that the NCAA, its member schools, video game creator Electronic Arts (“EA”), and [...]

Commitment Issues: Federal Jury Awards Damages for Breach of FRAND Obligation

Posted in IP Antitrust

by Stefan M. Meisner and Daniel Powers In the long-running patent dispute between Microsoft and Motorola, a U.S. District Court jury in Seattle found that Motorola breached its commitment to license certain standard-essential patents on fair, reasonable and non-discriminatory (FRAND or RAND) terms.  The jury awarded Microsoft damages of approximately $14.5 million. The litigation has [...]

FTC Reaches Unique Settlement with Phoebe Putney Health System Resolving Lengthy Hospital Merger Challenge

Posted in FTC Developments, Healthcare Antitrust, IP Antitrust, Mergers & Acquisitions

by Carrie G. Amezcua and Stephen Wu The U.S. Federal Trade Commission (FTC) and Phoebe Putney Health System settled the FTC’s complaint that the health system’s merger with Palmyra Park Hospital violated the antitrust laws.  Unique state statutes and regulations effectively prevented the FTC from obtaining its usual remedy for unlawful mergers or acquisitions, a [...]

FTC Takes a Broad, “Generic” Approach to Actavis in Amicus Brief

Posted in FTC Developments, Healthcare Antitrust, IP Antitrust

by Daniel Powers The Federal Trade Commission’s (FTC) battle against “reverse-payment” settlements continues.  In an amicus brief recently submitted in the case of In re Effexor XR Antitrust Litigation, the FTC advanced a broad interpretation of the Supreme Court’s decision in FTC v. Actavis that looks beyond the labels applied to agreements between brand pharmaceutical [...]

FTC Testifies Before Congress on Impact of Patent Hold-up on Competition and Standard-Essential Patents

Posted in FTC Developments, IP Antitrust

by Karne Newburn On July 30, 2013, Suzanne Munck, Chief Counsel for Intellectual Property at the Federal Trade Commission (FTC), testified before the Senate Committee on the Judiciary, Subcommittee on Antitrust, Competition Policy and Consumer Rights, on the impact of patent hold-up on competition, and standard-essential patents (SEPs).  The hearing covered standard-essential patent disputes and [...]

Plaintiffs Abandon Putative Class Action Against Pfizer and Takeda over Protonix

Posted in Healthcare Antitrust, IP Antitrust

by Lincoln Mayer Plaintiffs in a putative class action against Pfizer, Inc. and Takeda Pharmaceutical Co., related to acid reflux drug Protonix, will no longer give the two companies any heartburn.  The plaintiffs stipulated to dismissal from New Jersey federal district court after a settlement in related proceedings that held the patent-in-suit valid and enforceable.  [...]

U.S. International Trade Commission Grants Injunctive Relief on Standard Essential Patent

Posted in IP Antitrust

by William Diaz and Lincoln Mayer The U.S. International Trade Commission has issued an exclusion order barring importation of certain older model Apple products for infringing a Samsung patent. The case is significant because the infringed patent was standard essential and encumbered by a commitment to license on fair, reasonable and non-discriminatory terms. Patent holders [...]

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies

Posted in Agriculture, IP Antitrust

by Paul Devinsky, Cynthia Chen and Lincoln Mayer The Supreme Court in Bowman v. Monsanto Co. ruled unanimously that a farmer’s replanting of harvested seeds constituted making new infringing articles. While the case is important for agricultural industries, the Supreme Court cautioned that its decision is limited to the facts of the Bowman case and [...]

Western District of Washington Sets FRAND Royalty Rates and Range for SEPs

Posted in IP Antitrust

by Nick Grimmer and Stefan Meisner Last week in Microsoft v. Motorola, the U.S. District Court Western District of Washington became the first U.S. court to set fair, reasonable, and non-discriminatory (FRAND or RAND) royalty rates and range for standard-essential patents (SEPs).  See Findings of Fact and Conclusions of Law, Microsoft v. Motorola, 2:10-cv-01823-JLR (W.D. [...]

FTC’s New Chairwoman Ramirez Says Health Care Continues To Be Top Priority

Posted in FTC Developments, Healthcare Antitrust, IP Antitrust, Mergers & Acquisitions

by Hillary Webber In remarks made this week at the International Competition Network annual conference, Federal Trade Commission (FTC) Chairwoman Edith Ramirez stated that health care will continue to be a top priority for the FTC.   Referring to health care and hospital mergers in particular, she said that the Commission will "guard[] against what we [...]

Supreme Court Hears Oral Argument in “Pay-for-Delay” Patent Settlement Antitrust Case

Posted in FTC Developments, Healthcare Antitrust, IP Antitrust

by Jeffrey Brennan and Glenn Engelmann The Supreme Court’s ruling in Federal Trade Commission v. Actavis, Inc., will almost certainly have major implications for the viability of Federal Trade Commission and private suits alleging that pay-for-delay settlements are anticompetitive, and for the level of antitrust risk facing companies that enter into such settlements. Click here [...]

Abuse of IP Rights Under China’s Antitrust Rules: Recent Cases Have a Potentially Serious Impact

Posted in Chinese Developments, IP Antitrust, Monopolization/Abuse of Dominance

by Frank Schoneveld Corporations doing business in China, based on their intellectual property (IP) rights, need to be aware of the potentially serious impact of China’s Anti-Monopoly Law and other antitrust rules.  China’s Anti-Monopoly Law prohibits the holder of IP rights from abusing those rights when it has a dominant market position.  Such dominance can [...]

European Commission Proposes Changes to the Rules Applicable to Technology Licensing

Posted in EC Developments, IP Antitrust

by Wilko van Weert and Philipp Werner On 20 February 2013, the European Commission launched a public consultation in relation to a draft proposal for a revised block exemption for technology transfer agreements (the proposal).  The Commission seeks to improve and update the current legal regime on technology licensing, with a view to encouraging competition, [...]

Joint DOJ-FTC Workshop Explores Competitive Impact of Patent Assertion Entities

Posted in DOJ Developments, FTC Developments, IP Antitrust

by Stefan M. Meisner and Daniel Powers Federal antitrust enforcement agencies are closely studying the growing activity of patent assertion entities (PAE).  At a recent joint workshop sponsored by the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ), participants from academia, industry and the legal world discussed the competitive impact of these organizations [...]

U.S. Supreme Court to Rule on “Pay-for-Delay” Antitrust Issue

Posted in FTC Developments, Healthcare Antitrust, IP Antitrust

by Jeffrey W. Brennan and Wilko van Weert The Supreme Court of the United States has granted the government’s petition for a writ of certiorari in FTC v. Watson Pharmaceuticals, agreeing for the first time to address the antitrust and patent law implications of so-called “pay-for-delay” or “reverse payment” patent settlement agreements between branded and [...]

Proposed Remedies in the Midst of the Patent Wars: EU and US Antitrust Watchdogs Push to Strengthen FRAND in Standard Setting

Posted in DOJ Developments, FTC Developments, IP Antitrust

by David Henry, Wilko van Weert and Philipp Werner Chief Economists from the US Federal Trade Commission, the US Department of Justice and the EU Directorate General for Competition, have agreed on a set of four, non-binding suggestions that should—if followed by standard-setting organizations – increase the level of protection afforded to consumers and promote [...]