Sunday Book Review: July 20, 2025, The Best Books on Business Edition
Daily Compliance News: May 1, 2025, The 100 Days of Corruption Edition
Daily Compliance News: April 2, 2025, The All WSJ Edition
Antitrust Insights for Private Equity Navigating the New Administration's Policies — PE Pathways Podcast
2025 Perspectives in Private Equity: Antitrust & Competition
Fierce Competition Podcast | Below-Threshold Mergers: Global Antitrust Scrutiny
Episode 341 -- DOJ Charges Visa with Monopolization and Exclusionary Conduct in the Debit Card Market
Employee non-competes
The latest on: NFL Anti-Trust decision; Record Labels Sue Over Generative AI; Copyright Office clarifies Termination Rights, Royalties, Transfers, Disputes, and the MMA.
Fierce Competition Podcast | Antitrust Challenges in Organized Sports: How They Play Out in the EU, UK and US
Examining E-Discovery in Competition Law
The U.S. Chamber of Commerce Sues the FTC Over Power Grab
The New FTC Rule Explained: Will Your Non-Compete Be Enforceable?
The FTC Issued a New Rule to Ban All New Noncompete Agreements
Podcast: Key Changes in Finalized Antitrust Merger Guidelines – Diagnosing Health Care
Fierce Competition Podcast | Takeaways From the Illumina-Grail Merger Challenge Saga
AGG Talks: Antitrust and White-Collar Crime Roundup - Analyzing the Latest Updates in the Litigation Against Trump
Navigating Power Allocation and Customer Choice in a Regulated Landscape - Energy Law Insights
Fierce Competition Podcast | Letter From London: The Rise of UK Class Actions and the Competition Appeal Tribunal
Fierce Competition Podcast | Private Equity Under the Antitrust Microscope
Judge Jesse M. Furman (S.D.N.Y.) recently denied Plaintiff Chengdu Tops Technology Co., Ltd.’s (“Chengdu”) motion seeking a temporary restraining order (“TRO”) against “a slew of merchant Defendants” to enjoin “the...more
Given the recent unanimous decision by a UK appellate court that Ericsson’s injunction efforts based on standard-essential patents (“SEPs”) were, essentially by their very nature, “hold-up” and “coercion” that violated...more
Two recent Federal Circuit decisions open the doors of the United States International Trade Commission (“ITC”) to smaller companies that are threatened by unfair imports....more
The door may now be open for additional challenges to patents covering mRNA vaccine technologies, paving the way for increased competition in the mRNA vaccine space. On Wednesday, March 5, 2025, the United States Patent...more
The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission finding, explaining that small-market segments can be significant and substantial enough to support the Commission’s domestic...more
The Federal Circuit's recent decision in Wuhan Healthgen Biotechnology Corp. v. U.S. International Trade Commission significantly alters the landscape for small companies seeking recourse against foreign infringers. The court...more
On February 11, 2025, the European Commission withdrew its longstanding, and much debated, proposal for standard essential patent (SEP) regulation. The withdrawal was met with mixed reactions, with SEP holders largely...more
In a major development within the global artificial intelligence (AI) industry, OpenAI has lodged serious accusations against DeepSeek, a Chinese AI startup, alleging that the latter has illegally utilized its proprietary...more
On January 16, 2025, the Federal Trade Commission (FTC) Bureau of Competition published four reports on pharmaceutical patent settlement agreements filed under the Medicare Prescription Drug, Improvement, and Modernization...more
In a judgment of 23 December 2024, the Dutch-speaking Enterprise Court of Brussels followed the reasoning of a Dutch court earlier in 2024, ruling that (i) manufacturers are not obliged to provide the reference number of...more
On January 8, 2025, Administrative Law Judge (ALJ) Cameron Elliot issued a public version of the Initial Determination (ID) in Certain Video Capable Electronic Devices, Inv. No. 337-TA-1380 brought by Complainant Nokia. While...more
In 2013, the United States Supreme Court significantly changed the landscape of patent settlements in the pharmaceutical industry with its FTC v. Actavis, Inc. decision. In Actavis, the Court held that certain types of...more
Forty years ago, Congress passed the Hatch-Waxman Act, which streamlined the generic drug approval process and revamped how patent infringement claims would be litigated against those prospective generic drug applicants. At...more
On January 11, 2024, Kilpatrick Partner April Isaacson and Counsel Yifan Mao presented “Navigating Litigation Under the Biologics Price Competition and Innovation Act (BPCIA)” to entrepreneurs in the Chinese life science...more
In the first half of 2022, Rx IP Update reported on a number of developments in Canadian life sciences IP and regulatory law. The Rx IP Update team at Smart & Biggar has collected the top stories from January to July and...more
In 2012, Peloton rode into the home fitness scene with its now ubiquitous at-home exercise bike, which features a tablet that allows riders to stream both live and pre-recorded classes while competing against other riders on...more
Again addressing the question of appellate standing for inter partes review (IPR) decisions, the US Court of Appeals for the Federal Circuit held that an IPR petitioner did not show a sufficient injury to confer Article III...more
Fresh off the heels of a major patent infringement win against competitor Denon Electronics and their HEOS line of wireless multi-room audio systems, Sonos is now taking aim at Canada-based Lenbrook Industries Limited, the...more
Addressing whether standing to appeal an unfavorable inter partes review (IPR) decision could be based on the competitor standing doctrine, the US Court of Appeals for the Federal Circuit held that the IPR petitioner did not...more
Higher Regional Court Frankfurt am Main “Exzenterzähne II” (“Eccentric Teeth II”) - The Higher Regional Court Frankfurt am Main ruled that the unique selling point (USP) or “individual character” of a product that serves...more
The Federal Circuit further restricted a petitioner’s ability to appeal a decision by the Patent and Trademark Appeal Board upholding the validity of a patent. The court this month found in JTEKT v. GKN Automotive that a...more
China is becoming an important battlefield in global disputes over the licensing of standard essential patents ("SEPs"). On 26 April 2018, the High People’s Court of Guangdong Province – home to many Chinese high-tech...more
Not long ago, an automotive “innovation” meant a new way of engineering a powertrain or emissions system, which would then be patented by the original equipment manufacturer (OEM) or supplier. A “gentlemen’s agreement”...more
Cloud competitor cases are definitely on the rise over the past year. We’ve seen patent infringement lawsuits from established cloud players such as Symantec, BMC Software and Citrix against their emerging cloud competition,...more
In a case affecting aftermarket automotive suppliers, on February 20, 2018, the U.S. District Court for the Eastern District of Michigan issued a decision declining to invalidate or render unenforceable two of Ford’s design...more