We have previously discussed antitrust implications of pharmaceutical companies’ efforts to maximize patent protection for their drugs. Consumers and generic drug makers, for instance, have alleged antitrust violations based...more
10/19/2017
/ Allergan Inc ,
Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Mylan Pharmaceuticals ,
Native American Issues ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Sovereign Immunity ,
Tribal Governments ,
USPTO
Last week, Sabre filed its principal brief on appeal to the Second Circuit Court of Appeals, seeking to overturn the jury’s verdict of $15 million and find for Sabre or, in the alternative, grant a new trial in US Airways...more
Tying is a chameleon in antitrust law. Courts can condemn tying arrangements as either per se violations or as unlawful under the rule of reason. For a per se tying violation, plaintiff must show that the defendant had...more
Courts continue to evaluate the degree to which “reverse payments” are permitted post-Actavis. In the latest of these decisions, issued on February 22, 2016, the First Circuit held that non-cash payments may run afoul of the...more
3/1/2016
/ Anti-Competitive ,
Antitrust Litigation ,
FTC v Actavis ,
Generic Drugs ,
Patent Infringement ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Putative Class Actions ,
Reverse Payment Settlement Agreements ,
SCOTUS ,
Warner Chilcott ,
Watson Pharmaceuticals
After a near two-week trial in the consumer class action lawsuit against Cox Communications, the jury began deliberations this past Monday to decide whether Cox’s alleged practice of tying premium cable services to rentals of...more