The World in U.S. Courts was launched as a quarterly publication almost five years ago to catalogue new U.S. court decisions discussing some of the unique risks and opportunities for parties based in other countries. A few...more
On May 30, the US Supreme Court issued a decision in Impression Products, Inc. v. Lexmark Int'l, Inc., which changed the settled law of "international patent exhaustion"—whether a US patent infringement suit may be brought in...more
6/5/2017
/ Foreign Sales ,
Imports ,
Impression Products v Lexmark International ,
Intellectual Property Protection ,
IP License ,
Patent Exhaustion ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Resales Agreements ,
SCOTUS ,
Single-Use/No Resale Restriction ,
Stream of Commerce
This alert, the title of which is adapted from a March 30, 2016 FTC Staff Attorney blog post, considers the FTC's first lawsuit challenging a so-called "no-AG" agreement. No-AG agreements are components of Hatch-Waxman...more
4/6/2016
/ Abbreviated New Drug Application (ANDA) ,
Endo Pharmaceuticals ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
No-AG Agreement ,
Patent Infringement ,
Pharmaceutical Industry ,
Pharmaceutical Patents
On June 22, 2015, in a 6-3 decision in Kimble et al. v. Marvel Enterprises, LLC, 576 U.S. __ (2015), the United States Supreme Court reaffirmed its holding in Brulotte v. Thys, 379 U.S. 29 (1964), that it is per se patent...more
On June 17, 2015, the U.S. District Court for the Eastern District of Pennsylvania approved a consent order (the “Consent Order”) between the Federal Trade Commission and defendants Cephalon, Inc. and its parent, Teva...more
6/22/2015
/ Abbreviated New Drug Application (ANDA) ,
Antitrust Litigation ,
Cephalon ,
Consent Order ,
Corporate Counsel ,
Disgorgement ,
Federal Trade Commission (FTC) ,
Generic Drugs ,
Hatch-Waxman ,
Patent Infringement ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Reverse Payment Settlement Agreements ,
Teva Pharmaceuticals ,
Unfair Competition
Last week, in In re Cipro Cases I & II, Case No. S198616, the Supreme Court of California adopted the United States Supreme Court's application of the Rule of Reason to the antitrust analysis of so-called "reverse payment"...more
5/15/2015
/ Antitrust Litigation ,
Burden of Proof ,
CA Supreme Court ,
Cartwright Act ,
Cipro ,
Class Action ,
Food and Drug Administration (FDA) ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
Monopolization ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Reverse Payment Settlement Agreements ,
Rule-of-Reason Analysis ,
Unfair Competition
Winter 2015 -
The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Winter 2015 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global...more
2/18/2015
/ Alien Tort Statute ,
Antitrust Litigation ,
Competition ,
Cross-Border ,
Dodd-Frank ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
FTAIA ,
Human Trafficking ,
Multinationals ,
Patent Infringement ,
Patents ,
Securities Litigation ,
Sherman Act ,
White Collar Crimes
Earlier this week in FTC v. Actavis, No. 12-416 (U.S. Jun. 17, 2013), the Supreme Court handed down its long-anticipated ruling on “reverse payment” or “pay-for-delay” agreements, holding that these agreements—while not...more