Posts in Antitrust
The FTC Should Give Up Its Doomed Fight with Qualcomm and Adopt Delrahim’s New Madison Approach
The Federal Trade Commission (FTC) just can’t take “no, you’re wrong” for an answer. Despite its embarrassing reversal by the Ninth Circuit Court of Appeals …
Microsoft Supports Epic Games’ Complaint Against Apple for Anti-Competitive Practices
On August 23, Microsoft filed a declaration in support of Epic Games, Inc.’s August 13th Complaint for Injunctive Relief against Apple, Inc., in which Epic alleged that …
DOJ Affirms Pro-Competitive Benefits of End-Device Licensing in Avanci 5G Platform Review
Several weeks ago, the Antitrust Division of the U.S. Department of Justice announced a positive Business Review Letter (BRL) concluding an eight-month review of Avanci’s …
Qualcomm Vindicated in Ninth Circuit Reversal of California Court’s Antitrust Ruling
The U.S. Court of Appeals for the Ninth Circuit today vacated a decision of the U.S. District Court for the Northern District of California finding …
Lessons From TikTok’s Latest Privacy Trouble with Tweens
Notwithstanding its negative effects on the world at large, COVID-19 quarantine has been a boon to a growing group of entertainment-based apps and services. Netflix, Amazon, Zoom, …
Congress Asks Amazon’s Bezos to Testify on Use of Third-Party Seller Data
On May 1, Representative and House Judiciary Committee Chairman Jerrold Nadler (D-NY) and a bipartisan coalition of members of the Subcommittee on Antitrust, Commercial and Administrative Law signed …
Examining Antitrust Guidance on Cooperation in Fighting COVID-19
The novel coronavirus pandemic has upended our lives, creating a far-from-normal “new normal.” And it has also given rise to countless collaborations between and among universities, hospitals, …
Antitrust and Patents: A Conversation with Makan Delrahim
Last week, as a part of the Virtual Patent Masters™ Program hosted by IPWatchdog, I had the opportunity to interview Makan Delrahim, who is Assistant Attorney General …
Sanofi Decision Presents Opportunities to Clear the Patent Thicket for Generic Pharmaceuticals
The U.S. Court of Appeals for the First Circuit has made brand companies think twice about creating patent thickets in the Orange Book by resuscitating an …
Anticompetitive or Hyper-Competitive? An Analysis of the FTC v. Qualcomm Oral Argument
On February 13, the Ninth Circuit heard oral argument in the FTC v. Qualcomm case. Counsel for Qualcomm and the Federal Trade Commission (FTC) argued primarily about whether …
Let the Music Play: The Performance Rights License Marketplace Thrives Only with Vigilant Antitrust Enforcement
On January 26, CBS broadcast the 63rd Annual Grammy Awards, which celebrated America’s finest recording artists and songwriters. Drawing a global audience with performances by super stars …
The Fifth Circuit Must Preserve the Patent-Antitrust Balance by Upholding Actavis
The pharmaceutical industry presents some of the most important and challenging issues lying at the intersection of the patent and antitrust laws. On the one hand, patents …
USPTO, DOJ & NIST Issue Joint Policy Statement on Injunctions for Standard Essential Patents
Earlier this afternoon, the United States Patent and Trademark Office (USPTO, National Institute of Standards and Technology (NIST) and the U.S. Department of Justice, Antitrust Division (…
Other Barks & Bites, Friday, December 6: Lawmakers Concerned with Copyright Restatement, USPTO Pushed to Keep SEP Injunction Policy, Qualcomm Pushes Back on Koh at Ninth Circuit
This week in Other Barks & Bites: the U.S. Supreme Court hears oral arguments over copyright status of the Official Code of Georgia Annotated; the Federal Circuit …
IP Holds Lessons for Antitrust Law; No Monopoly on Patent Appeals the Way to Go
In November, the UIC John Marshall Law School held their 63rd Annual Intellectual Property Conference in Chicago, IL. The program consisted of four plenary sessions and nine …
