Tag: Decision
Reverse Payment Settlement Cases: Under the Rule of Reason By Object?...
Marleen Van Kerckhove, Sep 30, 2013
The EC's 2009 Sector Inquiry Report on certain practices in the European pharmaceutical sector described in considerable detail the practice...
Canadian Perspectives on Competition Law and Reverse Payments Following FTC v....
David Rosner, Navin Joneja, Joshua Krane, Sep 30, 2013
The Canadian Competition Bureau, pharmaceutical companies operating in Canada, and Canadian lawyers have been following the...
Reverse Payment Settlements in the United States and Europe: Moving Toward...
David Tayar, William Rooney, Agathe Richard, Sep 30, 2013
After more than a decade of debate and complex litigation on "reverse payment" settlements, the Supreme...
FTC v. Actavis: Has the Dust Really Settled?
Kyle Musgrove, Richard Ripley, Sep 30, 2013
Three months now have passed following the Supreme Court's decision inFTC v. Actavis, 133 S. Ct. 2223 (2013),...
When Does Interpretation Become Rewriting? The FTC Runs With the Actavis...
Kent Bernard, Sep 30, 2013
A Hatch-Waxman settlement case finally reached the Supreme Court, and when it did the Court in FTC v. Actavis rejected both...
Now the Commission Wants Compensation Too The Commission as Private Damages...
Ruchit Patel, Paul Stuart, Jul 15, 2013
In February 2007, the European Commission (the "Commission") adopted an infringement decision finding that a number of manufacturers...
EU Court Narrows Scope of the De Minimis Principle
Cormac Little, Jul 15, 2013
A recent court decision has significantly narrowed the application of the de minimis principle under EU competition rules.
In late 2012,...
Where Is the Italian Supreme Administrative Court Going in the Never-Ending...
Daniela Ampollini, Jul 15, 2013
It is obvious to all that know even a little of patent law, that the validity (and, even before, the...
How Much Should Control Turn on Ownership? The Alienation of Copyrighted...
Ariel Lavinbuk, May 28, 2013
In Kirtsaeng v. John Wiley & Sons Inc., the Supreme Court held that the Copyright Act's first-sale doctrine applies to...
Kirtsaeng v. John Wiley & Sons: The Supreme Court Saves the...
Brian Willen, May 28, 2013
For hundreds of years, the "first sale" doctrine has been central to copyright law. It helps reconcile a fundamental tension...