Update October 2009: The Federal Circuit has granted Philips request for en banc review of its earlier decision overturning the ITC decision that Sony and Philips had not unlawfully conspired to restrain trade. The Federal Circuit has reversed an ITC decision rejecting a claim that Sony and Philips conspired to restrain competition in the development […]
Category Archives: Patent Litigation
Failure to Disclose Patent to Standard Setting Organization Can Be Monopolization
October 15, 2009 – 11:44 am
In Actividentity Corp. v. Intercede Group PLC et al., Northern District of California Judge Vaugh R. Walker has refused to dismiss smart card maker Intercede Ltd.’s allegations that rival Actividentity Corp. monopolized the relevant market by failing to disclose to a standards-setting organization a patent covering technology for remotely updating the devices. The court held […]
Court Upholds Jury Verdict Finding Petition in Opposition to Generic Drugs Baseless
September 21, 2009 – 3:25 pm
In Louisiana Drug Co. Inc. v. Sanofi-Aventis et al., Southern District of New York Judge Harold Baer Jr.refused to overturn a jury verdict or grant Louisiana Wholesale Drug Co. Inc. a new trial in an antitrust class action filed by the drug wholesaler. The case accused Sanofi-Aventis U.S. LLC of submitting a sham citizen petition to […]
Drug Wholesalers Sue Merck for Delaying Generic Singulair
August 18, 2009 – 5:33 pm
Drug wholesalers have sued Merck in the District of New Jersey alleging that it violated the antitrust laws in two ways. First, the complaint alleges that Merck obtained a patent for its Singulair asthma and allergy drug through fraud on the patent office, and in particular for failing to disclose its own prior art. Second, Merck filed […]
Court Permits Patent Acquisition Antitrust Case to Proceed
August 10, 2009 – 5:05 pm
In Federal Trade Commission v. Ovation Pharmaceuticals Inc., and State of Minnesota v. Lundbeck Inc.,a Minnesota District Court Judge Joan N. Ericksen denied Lundbeck Inc.’s attempt to toss out the pair of suits launched by the FTC and the state of Minnesota, accusing the drug-maker of jacking up the price of NeoProfen, a drug used to treat […]
Ocean Spray Hit With Antitrust Claims in Patent Suit
August 7, 2009 – 2:07 pm
In Ocean Spray Cranberries Inc. v. Decas Cranberry Products Inc., Decas Cranberry Products Inc. filed a counterclaim in a patent infringement suit brought against it by Ocean Spray Cranberries Inc., alleging that Ocean Spray’s patent infringement suit was filed in “bad faith” in order to 1) scare away firms interested in purchasing Decas; and 2) to discount Decas’ asking price […]
Enforcement Agencies Continue to Challenge Patent Infringement Reverse Payments
August 1, 2009 – 12:15 pm
Update August 2009: The House Energy and Commerce Committee has approved a bill banning reverse payment settlements and granting the FTC authority to oversee settlements. Similar legislation is pending in the Senate. The FTC and the state of California have filed suit challenging reverse payment settlements of patent disputes involving the testosterone supplement AndroGel. The […]
EC Issues Report on Drug Patenting Issues
July 10, 2009 – 10:23 am
On the heals of the DOJ’s recent tough stance against reverse payment suits, the EC has issued a major report on drug patent issues. Although it backs off tough earlier rhetoric against the industry and places some blame for delay on EU regulation, the Commission also cites patent suits and settlements as the cause of delay. […]
Patent Reverse Payments Involving Cipro
July 8, 2009 – 5:37 pm
Update July 2009: In a similar Second Circuit case, the court requested the views of the Department of Justice. During the Bush administration, the DOJ had been at odds with the FTC over reverse payments, with the Commission asserting that such payments were presumptively illegal and the DOJ maintaining a more permissive view. In its […]
DuPont Files Antitrust Counter-claim Against Monsanto
July 7, 2009 – 8:47 am
In this District of Missouri litigation, DuPont has fired back in response to Monsanto’s patent infringement suit with a counter-claim alleging that Monsanto is seeking to monopolize the market for herbicide resistant corn and soybean. Monsanto claims that DuPont’s use of its Round-up Ready crops in conjunction with other anti-herbicidetechnology infringes Monsanto’s patent. DuPont denies the […]