Many well-reasoned cases have concluded that a holder of standard-essential patents (“SEPs”) subject to a commitment to license on fair, reasonable, and nondiscriminatory (“FRAND”) terms may violate section 2 of the Sherman...more
In its recent complaint challenging the $360 million acquisition of Farelogix by Sabre, the Department of Justice (“DOJ”) appears to have left the door open to offering proof that harm to innovation in the market for airline...more
On June 4 – 5, 2019, Judge Richard J. Leon of the U.S. District Court for the District of Columbia held an extraordinary and unprecedented evidentiary hearing to decide whether to enter the proposed Final Judgment in U.S. v....more
6/12/2019
/ Aetna ,
Antitrust Provisions ,
Competition ,
Corporate Counsel ,
CVS ,
Department of Justice (DOJ) ,
Drug Pricing ,
Final Judgment ,
Health Insurance ,
Medicare Part D ,
Pharmacies ,
Pharmacy Benefit Manager (PBM) ,
Popular ,
Prescription Drug Coverage ,
Regulatory Standards ,
Tunney Act
In a highly unusual move, the U.S. Department of Justice Antitrust Division (DOJ) recently filed a statement of interest in the Federal Trade Commission (FTC)’s unfair competition case against Qualcomm....more
5/15/2019
/ Anticompetitive Behavior ,
Antitrust Litigation ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FRAND ,
IP License ,
Patents ,
Popular ,
Qualcomm ,
Standard Essential Patents ,
Standard Setting Organizations ,
Unfair or Deceptive Trade Practices
On January 11, 2019, the U.S. DOJ Antitrust Division (Division) filed a Notice of Intent to File a Statement of Interest in a lawsuit filed by u-blox against Interdigital in the U.S. District Court for the Southern District...more
1/24/2019
/ Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Department of Justice (DOJ) ,
FRAND ,
International Trade Commission (ITC) ,
Monopolization ,
Patent Infringement ,
Patents ,
Standard Essential Patents ,
Standard Setting Organizations ,
TRO ,
Wireless Technology
Law360 recently published an article by David Kappos , former director of the U.S. Patent and Trademark Office, describing and analyzing the Japan Patent Office’s final draft of its "Guide to Licensing Negotiations Involving...more