Posts Tagged: antitrust law


Patent and IP Wishes for 2017

First, I continue to wish for patent eligibility reform in Congress that would overrule Mayo, Myriad and Alice, although I am mindful of both how naive that …
By Gene Quinn
3 years ago 1

FTC and DOJ Antitrust Division Seek Comment on Proposed Update to IP Licensing Guidelines

The IP Licensing Guidelines, which state the agencies’ antitrust enforcement policy with respect to the licensing of intellectual property protected by patent, copyright, and trade secret law …

Getty Images targets Google’s image search in EU by filing competition complaint

Google, the Internet software and services arm of Alphabet Inc. (NASDAG:GOOGL), offers a tremendously valuable portal to the wider Internet through its flagship search engine service. …
By Steve Brachmann
4 years ago 0

FTC charges Endo Pharmaceuticals with antitrust violations for pay for delay patent settlements

The FTC’s complaint alleges that Endo paid the first generic companies that filed for FDA approval – Impax Laboratories, Inc. and Watson Laboratories, Inc. – to eliminate the …
By Gene Quinn
4 years ago 6

Senators told FTC report on patent assertion entities due out this spring

When patents were brought up in the hearing, however, it seemed to focus mainly on their effects in the pharmaceutical world. Ramirez’s prepared remarks for the …
By Steve Brachmann
4 years ago 5

Legal Threats to Strong Returns on Pharmaceutical Patents Grow, Threatening Innovation

Pharmaceuticals is the industry sector where a strong patent system, promising substantial returns to successful innovation, is of paramount importance. Regrettably, the weakening of pharmaceutical patent rights …
By Alden Abbott
4 years ago 12

FTC Report on Drug Patent Settlements Shows Substantial Decrease in Pay-for-Delay Deals

The number of these potentially anticompetitive deals has fallen significantly following the Supreme Court’s landmark antitrust decision in FTC v. Actavis in 2013. The total number of …

Emerging Antitrust Regulation of Intellectual Property Licensing in Asia

Both Korea and China are major players on the global patent stage, and the leading companies of these countries file and obtain thousands of patents annually. But …
By Bart Eppenauer
5 years ago 2

Third Circuit Lamictal Ruling: ‘Payment’ Broader than Cash

On June 26, the Third Circuit held that payment includes more than just cash transfers. Judge Scirica, in a unanimous decision, wrote that Glaxo's promise to Teva not …
By Michael Carrier
5 years ago 0

A Short History Lesson on Patent Policy

Starting before World War II and continuing throughout the 1950s, 60s and 70s, short sighted and now discredited government antitrust policies, coupled with judicial hostility toward patent …
By Robert Taylor
5 years ago 9

Why Actavis Is Not Limited to Cash: Professors Brief in Lamictal

First, the Actavis decision is not limited to cash. The case itself involved not cash payments, but brand overpayments for generic services. In addition, the Supreme Court’…
By Michael Carrier
6 years ago 0

FTC Files Amicus in 3rd Circuit Over Reverse Payments

The FTC brief explains that the no-authorized-generic (no-AG) commitment at issue raises the same antitrust concern that the Supreme Court identified in Actavis. A no-authorized-generic commitment means …

FTC Chairwoman Testifies in House on Antitrust, Patents

The testimony further discusses the Commission’s interest in the problem of “patent hold-up” that can arise during an industry standard-setting process. Patent hold-up occurs when the …

Nielsen to Divest and License Assets and IP to Acquire Arbitron

According to the FTC’s complaint, the elimination of future competition between Nielsen and Arbitron would likely cause advertisers, ad agencies, and programmers to pay more for …

In re Effexor XR Antitrust Litigation: FTC Amicus Argues for No-Authorized-Generic in Patent Settlements

The Federal Trade Commission has asked the U.S. District Court for the District of New Jersey to accept an amicus brief that addresses the application of …