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…
More than four years after Polypore International Inc. acquired rival battery separator manufacturer Microporous Products L.P., the U.S. Court of Appeals in Atlanta has determined that the…
Merger challenges are rare in Canada. The last contested merger case in Canada was in 2005. Typically, concerns about a prospective merger are resolved in negotiations between the Commissioner of…
Many opponents of Google’s business practices have trotted out the United States v. Microsoft decision and declared with beguiling simplicity that Google is the next Microsoft. They have suggested…
Well, okay, I guess there might just possibly have been an appellate decision this week of even more pressing moment, but I believe something important and very positive happened in the Seventh…
This morning the Court granted certiorari in Federal Trade Commission v. Phoebe Putney Health, No. 11-1160, on appeal from an execrable pair of opinions in the Eleventh Circuit and the Middle…
Some U.S. Supreme Court watchers may have been disappointed that the Court on the last day of the October 2011 term--according to the Court’s calendar--did not decide the fate of President Obama’s…
The government's successful prosecution of AU Optronics Corporation, its wholly-owned U.S. subsidiary, and two former company executives serves as a cautionary tale. The case marks the first time a…
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…
