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Orange Book Concerns Pick Up as Yet Another Issue for Pharmaceutical Manufacturers

Pharmaceutical manufacturers are increasingly finding themselves defending decisions to list in the U.S. Food and Drug Administration's (FDA) Orange Book patents that they assert are associated with their products. The...more

DOJ "Triples Down" on View that Use of Pricing Algorithms Can Support Price-Fixing Claims

The Antitrust Division of the U.S. Department of Justice (DOJ) on March 28, 2024, weighed in for the third time in recent months in support of plaintiffs in class action lawsuits challenging the defendants' use of software to...more

It's Not a Bag, It's a Birkin: Class Action Targets Hermès with Antitrust, Unfair Trade Claims

The "Birkin" name is well known around the world – it is synonymous with exclusivity and high-end luxury. From storylines in "Sex and the City" and "Gilmore Girls" to mentions in lyrics from the likes of Jay-Z and Beyoncé,...more

U.S. Supreme Court Rejects Second Circuit’s Conclusive Reliance on Chinese Interpretation of its Own Law

Is a federal court determining foreign law required to treat as conclusive a submission from a foreign government interpreting its law? The U.S. Supreme Court confronted this question in a case involving price-fixing claims...more

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