On 16 July 2012, a U.S. appeals court issued a decision holding that pharmaceutical patent settlements that restrict generic entry and contain a payment to the generic company are presumptively…
The patent wars have become a real drag on the economy. A recent study estimated that the direct cost of patent trolls, firms that use patents solely as a source of securing revenue from litigation,…
Reverse payments settlements between patent holders and would-be generic competitors in the pharmaceutical industry should be reviewed under a "quick look" rule of reason analysis based on the…
When competitors form a truce, consumers need to worry because often they find ways to make consumers pay more by cutting off competition. Nowhere is that a more big-ticket concern than an alliance…
The U.S. Supreme Court recently issued a decision that provides generic pharmaceutical manufacturers with the ability to challenge the “use codes” listed by brand name manufacturers in filings made…
The U.S. Court of Appeals in Atlanta today rejected the Federal Trade Commission’s challenge to a patent litigation settlement between brand name and generic drug companies as an unlawful agreement…
As tech companies prepare for the holiday season retail wars, touting products with cutting-edge technologies, a costly war is unfolding in corporate America: a war for patents and, more importantly,…
The following is an excerpt of an article that appeared in The Computer & Internet Lawyer, Volume 28, Number 6, June 2011.
Never ask for whom the bell tolls.
Computer and Internet lawyers should be…
It is traditional in beginning an article on antitrust law and intellectual property to note the tension―or, as some would put it, the conflict―when the two intersect. And there is certainly support…
