In Pro Search Plus, LLC v. VFM Leonardo, Inc., Central District of California Judge Josephine Staton dismissed some of the monopoly claims brought by online booking company Pro Search Plus against Canadian rival VFM Leonardo Inc. Pro Search claims that VFM violated the Sherman Act, Lanham Act, and the Copyright Act when it allegedly engaged […]
Author Archives: Steve Semeraro
House Subcommittee Questions FTC Over Its Approval of $29.1 Billion Pharmacy Merger
December 6, 2013 – 2:36 pm
Under questioning from the House Commerce, Manufacturing and Trade subcommittee, Federal Trade Commission chairwoman Edith Ramirez defended the FTC’s decision to approve the $29.1 billion merger of Express Scripts Inc. and Medco Health Solutions Inc. In April 2012, FTC approved the merger, despite concerns that the tie-up would harm competition. Responding to concerns from the […]
Jury Awards $28.4 Million In F-16 Software Competition Suit
December 2, 2013 – 3:40 pm
In Command Tech., Inc. v. Lockheed Martin Corp. et al., a Montgomery County, Maryland jury found Lockheed Martin Corp. liable to Command Technology Inc. for illegally interfering with Command Technology’s efforts to sell competing technical maintenance software for F-16 jet fighters resold to American allies. According to Command Technology’s complaint, Lockheed allegedly sought to lock […]
Court Denies Summary Judgment In Nexium Antitrust MDL
December 2, 2013 – 3:14 pm
In In re: Nexium (Esomeprazole) Products Liability Litigation, Massachusetts District Court Judge William G. Young denied AstraZeneca PLC and Ranbaxy Inc.’s motion for partial summary judgment in multidistrict litigation alleging the companies violated antitrust laws by agreeing to delay entry of a generic version of AstraZeneca’s heartburn drug Nexium. In their motion, defendants argued that […]
Airlines Agree to Divest Assets To Settle DOJ Merger Suit
November 13, 2013 – 6:17 pm
In U.S. v. U.S. Airways Group Inc. et al., in order to settle the U.S. Department of Justice’s antitrust suit attempting to block the merger between U.S. Airways Group Inc. and American Airlines, the airlines have agreed to divest a number of departure gates and 138 takeoff and landing slots at seven key airports. Under […]
Judge Announces He Will Reverse Pay-for-Delay Dismissal Judgment If Appellate Court Remands In Light of Recent Supreme Court Decision
October 31, 2013 – 3:53 pm
In In Re: AndroGel Antitrust Litigation (No. II), Northern District of Georgia Judge Thomas W. Thrash Jr. announced that, if the Eleventh Circuit remands the case, he would overturn the dismissal of the plaintiffs’ pay-for-delay claims given the U.S. Supreme Court’s recent decision. That case involved a Federal Trade Commission prosecution of the same settlement […]
PI May Be Appropriate Under State Law Even if All Factors of Test Not Met
October 31, 2013 – 3:52 pm
In Heil Trailer International Company v. Gavin Kula et al., the U.S. Court of Appeals for the Fifth Circuit preliminarily enjoined the defendant from using the plaintiff’s trade secrets. Heil Trailer alledged that former employees – while still working for Heil – illegally sent confidential information to a competitor. The trial court denied Heil’s request […]
Samsung Pledges to EU that It Will Use Circumspection in Seeking Injunctions for Infringement of Standard Essential Patents
October 31, 2013 – 3:50 pm
Samsung Electronics Co. Ltd. has told the European Commission that it will limit attempts to enjoin infringers of its standard-essential patents for five years in exchange for the EC’s ending an antitrust investigation into the company’s assertion of its patents rights against Apple Inc. The Commission believes that Samsung sought to enjoin Apple, even though […]
Congress Examining Drug Companies’ Allegedly Improper Use of Citizen Petitions to Delay FDA Approval of Generic Drugs
October 31, 2013 – 3:49 pm
The FDA reported to Congress that pharmaceutical companies owning branded drugs may be filing 505(q) petitions for reconsideration (aka “citizen petitions”) to delay approval of generic versions of their drugs. The agency expressed concern that the need for it to respond to bogus petitions delays its ability to perform other necessary regulatory work. The process […]
State Regulations on Cardiac Procedure Upheld
October 31, 2013 – 3:47 pm
In Yakima Valley Memorial Hospital v. Washington State Department of Health et al., the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of the plaintiff hospital’s challenge to Washington state’s restrictions on the number of hospitals that can perform elective angioplasties. The complaint alleged that the practices were anticompetitive and discriminatory, […]