News & Analysis as of

Sherman Act Intellectual Property Protection Antitrust Provisions

Womble Bond Dickinson

South Carolina’s New NIL Law and What it Means for Collegiate Athletes in the State

Womble Bond Dickinson on

On Tuesday, May 21, 2024, South Carolina Governor Henry McMaster signed bill H. 4957 into law after it was approved unanimously by state lawmakers earlier in the year. Similar NIL (“Name, Image, and Likeness”) bills to H....more

Hogan Lovells

Ninth Circuit rules in favor of Qualcomm, distancing antitrust law from FRAND disputes

Hogan Lovells on

On 11 August 2020, a panel of the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in a unanimous opinion by Judge Callahan, reversed the U.S. Federal Trade Commission’s (“FTC’s”) win in the district court...more

Faegre Drinker Biddle & Reath LLP

District of Connecticut Decision Highlights Confluence of Antitrust, IP Law

Attorneys and business people working remotely can learn some antitrust and intellectual property law from those little building blocks keeping some children occupied during stay-at-home orders. In October of 2018, Hong...more

Cozen O'Connor

First Circuit Permits Antitrust Claims for Improperly Listing a Device Patent on the FDA’s Orange Book to Move Forward

Cozen O'Connor on

In a holding that could significantly broaden the antitrust inquiry in the context of the Hatch-Waxman regulatory scheme, on February 13, 2020, the U.S. Court of Appeals for the First Circuit issued an opinion that may have...more

Seyfarth Shaw LLP

State Attorneys General Keep Pressure on FTC to Regulate Non-Competes

Seyfarth Shaw LLP on

As we previously covered, a group of 18 state attorneys general in July filed comments with the Federal Trade Commission (“FTC”), asking the FTC to incorporate labor concerns when reviewing corporate mergers and to use its...more

King & Spalding

Senators Urge DOJ to Develop Antitrust Guidance for Licensing of Standard Essential Patents

King & Spalding on

On Monday, October 21, 2019, U.S. Senators Thom Tillis (R-NC) and Christopher A. Coons (D-DE) sent a letter to the U.S. Department of Justice pushing it to provide greater clarity as to its antitrust enforcement policy on...more

Hogan Lovells

N.D. Cal. Bench Trial Finds Qualcomm Licensing Practices Breached U.S. Antitrust Law and FRAND Contractual Obligations, Orders...

Hogan Lovells on

In a decision following a 10-day bench trial, Judge Lucy H. Koh ruled on May 21, 2019 in favor of plaintiff U.S. Federal Trade Commission (“FTC”) that defendant Qualcomm, Inc.’s (“Qualcomm’s”) licensing practices relating to...more

Foley & Lardner LLP

Antitrust Scrutiny of Technology Companies Continues to Expand

Foley & Lardner LLP on

Governmental and private antitrust actions against technology companies expanded in 2018 and 2019, particularly relative to electronics and pharmaceutical companies.  This post provides an overview of several important...more

Foley & Lardner LLP

DOJ and FTC Signal Shifts in Antitrust Enforcement of Essential Patent Disputes

Foley & Lardner LLP on

Recent public statements from Makan Delrahim, Assistant United States Attorney General for the Antitrust Division at the U.S. Department of Justice (DOJ), and Joseph Simons, Federal Trade Commission (FTC) Chairman, indicate...more

Foley & Lardner LLP

New Types of Section 337 Investigations at the International Trade Commission

Foley & Lardner LLP on

Most Section 337 investigations allege violations of intellectual property (“IP”) based rights involving patent, registered trademark, or registered copyright infringement (“statutory IP claims”). In such cases, the...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

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