News & Analysis as of

Noerr-Pennington Doctrine Sherman Act

McCarter & English, LLP

Antitrust Law in the Cannabis Sector

Recent antitrust litigation in the cannabis and vape sectors signals intensified scrutiny of pricing practices, distribution restraints, and exclusionary conduct. Two recent cases, Redbud Roots, Inc. v. Shenzhen Smoore...more

Goodwin

The Seventh Circuit Affirms Dismissal of the HUMIRA Antitrust Litigation

Goodwin on

​​​​​​​The Seventh Circuit issued this week a long-awaited opinion in the HUMIRA antitrust litigation, UFCW Local 1500 Welfare Fund v. AbbVie Inc., Case No. 20-2402.  The appeal is from the Northern District of Illinois’s...more

ArentFox Schiff

Practice Pointer: How Manufacturers Can Protect Their Lobbying Efforts With the Noerr-Pennington Doctrine

ArentFox Schiff on

Companies often communicate with government agencies directly or through trade associations for a variety of reasons. But what happens when an adverse party tries to use comments made to the government or membership in an...more

Mintz - Intellectual Property Viewpoints

AbbVie’s Enforcement of its ‘Patent Thicket’ For Humira Under the BPCIA Does Not Provide Cognizable Basis for an Antitrust...

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

Jones Day

Antitrust Alert: Texas Court Dismisses Antitrust Claims on First Amendment Grounds

Jones Day on

Last week, the U.S. District Court for the Southern District of Texas dismissed antitrust claims against Easi-Set Industries. Plaintiff Tricon Precast claimed Easi-Set violated the Sherman Act and Texas Antitrust Act when it...more

McDermott Will & Schulte

THE LATEST: Ninth Circuit Affirms Dismissal of Antitrust Counterclaim against Labor Union Clarifying Scope of Noerr-Pennington...

On July 24, 2017, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of an antitrust counterclaim brought by ICTSI Oregon, Inc. (ICTSI), the operator of a marine shipping facility, against the International...more

Holland & Knight LLP

Healthcare Law Update: June 2017

Holland & Knight LLP on

Medicaid - Florida's Medicaid Third-Party Liability Act Pre-empted by Federal Law - By Eddie Williams - In Gallardo v. Dudek, Sec. of Florida Agency for Health Care Administration, No. 4:16cv116-MW/CAS, 2017 WL...more

Kelley Drye & Warren LLP

Judge Andrews permits Microsoft’s SEP-based antitrust claims against InterDigital to proceed (Microsoft v. InterDigital)

On April 13th, Judge Andrews in the District of Delaware issued an Order that denied InterDigital’s motion to dismiss Microsoft’s Complaint that alleged violation of antitrust laws based on InterDigital’s enforcement of...more

Sheppard Mullin Richter & Hampton LLP

FTC v. Actavis on Remand: A New Chapter

District Court refuses to grant renewed motion to dismiss based on Noerr-Pennington doctrine. In re AndroGel Antitrust Litigation (No. II), MDL No. 2084 (re Federal Trade Commission v. Actavis, Inc., No. 1:09-CV-955-TWT)...more

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