2010-09-02T00:00:00-07:00 http://www.fenwickwest.com/rss/Default.asp http://www.fenwick.com/docstore/Publications/Antitrust/Patent_Antitrust_Alert_09-02-10.pdf 2010-09-02T00:00:00-07:00 2010-09-02T00:00:00-07:00

A sharply divided en banc U.S. Court of Appeals for the Federal Circuit significantly narrowed the scope of the patent misuse defense this week

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_Alert_08-18-10.pdf 2010-08-18T00:00:00-07:00 2010-08-18T00:00:00-07:00

In its second encounter with PSKS, Inc. v. Leegin Creative Leather Products, Inc., the U.S. Court of Appeals for the Fifth Circuit on August 17, 2010 affirmed the dismissal on the pleadings of the plaintiff’s antitrust claims for vertical minimum price fixing

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_Alert_05-24-10.pdf 2010-05-24T00:00:00-07:00 2010-05-24T00:00:00-07:00

On May 24, in American Needle, Inc. v. National Football League, the Supreme Court unanimously held that NFL Properties ("NFLP") must defend its licensing decisions under Section 1 of the Sherman Act. NFLP was incorporated by the teams of the National Football League in 1963 to develop, license, and market their intellectual property.

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_Alert_03-10-10.pdf 2010-03-10T00:00:00-07:00 2010-03-10T00:00:00-07:00

On March 9, 2009, the Antitrust Division of the Department of Justice ("DOJ") announced that it had brought suit against Election Systems & Software, Inc. ("ES&S") to challenge its acquisition in September of 2009 of Premier Election Solutions Inc. ("Premier") from Diebold, Inc.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_05-20-09.pdf 2009-05-20T00:00:00-07:00 2009-05-20T00:00:00-07:00

On May 18, 2009, a split California Supreme Court handed down its long awaited decision of In Re Tobacco II Cases (S147345), clarifying the effect of Proposition 64 on the unfair competition law ("UCL") (Bus. & Prof. Code, § 17200 et seq.) in consumer class actions....

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_04-16-09.pdf 2009-04-16T00:00:00-07:00 2009-04-16T00:00:00-07:00

Earlier this month, the Eastern District of Texas dismissed all claims in an antitrust case that has made history. In 2007, the United States Supreme Court shook the antitrust world with its decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., 127 S.Ct. 2705 (2007)...

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_05-20-09.pdf 2009-04-16T00:00:00-07:00 2009-04-16T00:00:00-07:00

On May 18, 2009, a split California Supreme Court handed down its long awaited decision of In Re Tobacco II Cases (S147345), clarifying the effect of Proposition 64 on the unfair competition law ("UCL") (Bus. & Prof. Code, § 17200 et seq.) in consumer class actions....

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_07-30-08.pdf 2008-07-30T00:00:00-07:00 2008-07-30T00:00:00-07:00

In a two to one decision, the United States Court of Appeals for the District of Columbia has given the FTC a major victory for its merger enforcement jurisdiction...

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-08-08.pdf 2008-07-08T00:00:00-07:00 2008-07-08T00:00:00-07:00

In Fisher Tool Co., Inc. v. Gillet Outillage, __ F.3d __, 2008 U.S. App. LEXIS 13727 (June 30, 2008), the Ninth Circuit adopted the Federal Circuit's standard requiring a showing of bad faith in order to maintain Lanham Act and state law claims premised on allegedly false representations...

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_04-24-08.pdf 2008-04-24T00:00:00-07:00 2008-04-24T00:00:00-07:00

In a case closely-watched by the high technology community, this week the D.C. Circuit Court set aside the FTC’s landmark order against Rambus Incorporated...

http://www.fenwick.com/docstore/Publications/Litigation/Twombly.pdf 2007-07-11T00:00:00-07:00 2007-07-11T00:00:00-07:00

The foundation of any litigation is the complaint, and more specifically, the allegations made to support the plaintiff's claims.

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_06-28-07.pdf 2007-06-28T00:00:00-07:00 2007-06-28T00:00:00-07:00

On June 28, 2007, the Supreme Court issued its decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, addressing the proper antitrust analysis of resale price maintenance under Section 1 of the Sherman Act, one of the most important federal antitrust statutes.

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_06-20-07.pdf 2007-06-20T00:00:00-07:00 2007-06-20T00:00:00-07:00

On June 18, 2007, in Credit Suisse Securities (USA) LLC v. Billing, the U.S. Supreme Court issued an important decision about the relationship between the federal antitrust laws and the federal securities laws

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_05-24-07.pdf 2007-05-24T00:00:00-07:00 2007-05-24T00:00:00-07:00

This week the Federal Trade Commission obtained a $250,000 civil penalty against James Dondero, the operator of the Highland Capital hedge fund and a director of Motient Corporation, for making a late Hart-Scott-Rodino Act filing in connection with his 2005 exercise of options to acquire 10,000 Motient shares.

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_02-21-07.pdf 2007-02-21T00:00:00-07:00 2007-02-21T00:00:00-07:00

On February 20, the Supreme Court issued its decision in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381, addressing the antitrust analysis of predatory bidding under Sherman Act Section 2.

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_01-16-07.pdf 2007-01-16T00:00:00-07:00 2007-01-16T00:00:00-07:00

The dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will increase effective February 16 or 19, 2007 (depending on publication date), due to an annual adjustment mechanism that was created in the last round of amendments to the Act.

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_03-06-06.pdf 2006-03-06T00:00:00-07:00 2006-03-06T00:00:00-07:00

On March 1, 2006, the Supreme Court issued its decision in Illinois Tool Works, Inc. v. Independent Ink, which considered the long-standing presumption of market power in patent tying cases.

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_03-01-06.pdf 2006-03-01T00:00:00-07:00 2006-03-01T00:00:00-07:00

The Supreme Court's decision on February 28, 2006, in Texaco, Inc. v. Dagher provides important and much-needed guidance for the antitrust analysis of joint ventures.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_01-18-06.pdf 2006-01-18T00:00:00-07:00 2006-01-18T00:00:00-07:00

Despite academic criticism and increasingly rare government enforcement, reports of the death of the Robinson-Patman Act are premature, and price discrimination continues to be a potential source of private litigation for many companies.

http://www.fenwick.com/docstore/Publications/Antitrust/US_High_Technology.pdf 2005-12-01T00:00:00-07:00 2005-12-01T00:00:00-07:00

Not that long ago, there was a relatively widespread belief among executives in high-technology companies that, because of the unique characteristics of high-technology industries, the antitrust laws had little, if any, application to them or their businesses.

http://www.fenwick.com/docstore/Publications/IP/Authorized_Generics.pdf 2005-11-03T00:00:00-07:00 2005-11-03T00:00:00-07:00

An authorized generic (AG) is a pharmaceutical product that was originally marketed and sold by a brand company, but is relabeled and marketed under a generic product name.

http://www.fenwick.com/docstore/Publications/Antitrust/Interplay.pdf 2004-11-02T00:00:00-07:00 2004-11-02T00:00:00-07:00

Technical standards are often used to ensure that products from different companies will interoperate. Many of these standards are created by a standards body composed of companies interested in influencing the particular standard at hand.