Distribution, Competition, and Antitrust / IP Law

You Can’t Use the Sherman Act to Wrangle an Invitation to a Political Debate

So held the District Court for the District of Columbia in Johnson v. Commission on Presidential Debates, No. 15-1580 (RMC) (D.D.C. August 5, 2016).  There, the Libertarian and Green Parties challenged decisions of the Commission on Presidential … [Continue reading]

If You Discount It, And They Don’t Come . . . .

Researchers at my alma mater (including Steven Levitt of Freakonomics fame) recently reported the results of an interesting study: discounts offered on virtual goods (i.e., in-app purchases in connection with online video games) did not stimulate … [Continue reading]

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]

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