Distribution, Competition, and Antitrust / IP Law

Supreme Court lets Fourth Circuit’s Articulation of Standard for Pleading a Sherman Act Conspiracy Stand – for Now

On Monday, the U.S. Supreme Court refused to review the Fourth Circuit’s decision in SD3, LLC v. Black & Decker (U.S.) Inc., et al., 801 F.3d 412 (4th Cir. 2015), allowing the decision – and, arguably, a circuit split on the pleading standard for … [Continue reading]

Third Circuit Rejects Single-Product Bundling Claim – But Holds Its Fire on What Test to Apply

In Eisai, Inc. v. Sanofi Aventis U.S., LLC, No. 14-2017 (3d Cir. May 4, 2016), the Third Circuit addressed a mix of allegedly exclusionary conduct, including the defendant’s discounting of its anti-coagulant drug Lovenox, and held that the … [Continue reading]

Speaking About Discounted Pricing Clauses

I'm happy to be speaking on "Discounted Pricing Clauses: Drafting Enforceable and Compliant Provisions After Collins."  We'll be addressing potential pitfalls in drafting discounted pricing clauses in commercial contracts, particularly in light of … [Continue reading]

Sixth Circuit Opens a Pandora’s Box of Joint Venture Challenges

Say you’re a group of hospitals that get together under a Joint Operating Agreement.   You agree to form an integrated health system. You agree to total your net incomes into a single “network net income” that is allocated to the parties based on … [Continue reading]

Maryland Lawsuit Shows Resale Price Maintenance Claims Are Not Dead

On March 4, 2016, the Maryland Attorney General announced a civil suit for alleged unlawful resale price maintenance against Johnson & Johnson Vision Care Inc. (“J&J”) in connection with its sale of contact lenses. The Maryland AG alleges … [Continue reading]

Antitrust Claims Against “Anti-Patent Troll” Dismissed

I previously covered the case of Cascades Computer Innovation LLC v. RPX Corp., (N.D. Cal.) (Gonzalez Rogers, J.).  As I wrote in connection with the court's refusal to dismiss the plaintiff's amended complaint in December 2013: Cascades is a … [Continue reading]

Patent Law Can Stop Product Resale/Reuse

Most people know that inkjet printers are pretty cheap; the real money is in the ink cartridges.  Not surprisingly, printer/cartridge manufacturers often want to stop the resale of used ink cartridges (which can be refilled by third-party ink … [Continue reading]

An Unaccepted Offer of Judgment Won’t Moot a (Class) Claim

In Campbell-Ewald Co. v. Gomez, 577 U.S. ___ (2016), the Supreme Court held that an unaccepted offer of judgment under Federal Rule of Civil Procedure 68 does not moot a named plaintiff’s claim, and, therefore, the named plaintiff can still seek … [Continue reading]

Twombly’s Teeth

Occasionally a would-be plaintiff (or counter-claimant) asks whether one can file an antitrust claim and then get some discovery to back it up. This is not a good game plan. In Eastman v. Quest Diagnostics Inc., 2016 U.S. Dist. LEXIS 1282 (N.D. … [Continue reading]

Happy Holidays

Blogging will resume after New Year's. … [Continue reading]

Optimization WordPress Plugins & Solutions by W3 EDGE