Back in December, we wrote about a district court ruling rejecting the Federal Trade Comission’s (“FTC”) motion to enjoin the proposed combination of Thomas Jefferson University (“TJU”) and Albert Einstein Healthcare Network...more
The Federal Trade Commission’s (“FTC”) recent winning streak in its ongoing challenges of hospital and physician mergers has, at least for now, ended in a Philadelphia U.S. district court. After six days of evidentiary...more
In the latest decision addressing antitrust liability for FRAND commitments, Judge Barbara M. G. Lynn of the Northern District of Texas dismissed a complaint from Continental Automotive Systems, Inc. (“Continental”) alleging,...more
9/18/2020
/ Anti-Competitive ,
Antitrust Violations ,
Bargaining Power ,
Breach of Contract ,
Declaratory Judgments ,
Department of Justice (DOJ) ,
Dismissal With Prejudice ,
Failure To State A Claim ,
Federal Trade Commission (FTC) ,
FRAND ,
Monopolization ,
Motion to Transfer ,
Patent Infringement ,
Patents ,
Sherman Act ,
Standard Essential Patents ,
Standing ,
Subject Matter Jurisdiction ,
Supplemental Jurisdiction ,
Unfair Competition Law (UCL)
Last Thursday, September 10, 2020, the U.S. Department of Justice’s Antitrust Division (“DOJ”) issued an updated Business Review Letter (“2020 Letter”) to the Institute of Electrical Electronics Engineers, Incorporated...more
In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit reversed the decision by the U.S. District Court for the Northern...more
8/18/2020
/ Anticompetitive Behavior ,
Antitrust Violations ,
Appeals ,
Cell Phones ,
Competition ,
Federal Trade Commission (FTC) ,
FRAND ,
FTC Act ,
IP License ,
Monopolization ,
OEM ,
Patent Royalties ,
Qualcomm ,
Remand ,
Reversal ,
Sherman Act ,
Standard Essential Patents
On Wednesday, an FTC Commissioner used the occasion of a routine report to Congress to send a warning shot to private equity firms, especially those rolling up health care providers. Commissioner Rohit Chopra, an advisor to...more
In a recent decision in In Re Humira (Adalimumab) Antitrust Litigation, No. 19-cv-1873, Judge Shah of the Northern District of Illinois dismissed a consolidated class action complaint filed by U.S. purchasers of AbbVie Inc.’s...more
6/22/2020
/ Anti-Competitive ,
Antitrust Injuries ,
Antitrust Litigation ,
Biopharmaceutical ,
Biosimilars ,
BPCIA ,
Class Action ,
Monopolization ,
Noerr-Pennington Doctrine ,
Patent Dance ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Sherman Act ,
USPTO
On May 29th, the Federal Trade Commission (FTC) submitted a comment to the Centers for Medicare & Medicaid Services (CMS) in support of reducing reimbursement requirements for telehealth services. CMS accepted public comments...more
6/4/2020
/ Antitrust Provisions ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Veterans Affairs ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Interim Final Rules (IFR) ,
Medicare ,
New Rules ,
Public Comment ,
Telehealth ,
Telemedicine