Searching Content indexed under Intellectual Property by Bruce Sokler ordered by Published Date Descending.
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Another Shoe Drops In The Qualcomm Patent Licensing Saga
Just when observers thought Qualcomm could celebrate its successful litigation with Apple another decision has come down which could have major implications for Qualcomm's business going forward.
United States
7 Jun 2019
Evolving SEP Jurisprudence And RAND Determinations In Microsoft v. Motorola
Last month, the Ninth Circuit Court of Appeals issued a pivotal decision in Microsoft v. Motorola regarding the licensing of standard essential patents on reasonable and non-discriminatory terms.
United States
21 Aug 2015
Another FTC Conduct Case To Bolster Generic Drug Competition: Pharmaceuticals Charged With Illegal Non-Compete For Generic ADHD Drug Sales
The Federal Trade Commission's ever-expanding list of enforcement actions to preserve competition for generic pharmaceuticals just grew in a new direction.
United States
21 Aug 2015
Ninth Circuit Upholds Judge Robart's RAND Determinations In Microsoft v. Motorola
The next day, Motorola brought an action in the Western District of Wisconsin seeking to enjoin Microsoft from using its H.264 patents.
United States
17 Aug 2015
EU Court Clarifies The Conditions Under Which Assertion Of Standard-Essential Patents May Constitute Abuse Of Market Dominance
The ECJ was careful to note that the parties in this case did not dispute the patent owner's market dominance.
European Union
24 Jul 2015
Supreme Court Upholds Brulotte Rule Prohibiting Post-Expiration Patent Royalties
On June 22, 2015, the Supreme Court issued its decision in Kimble v. Marvel Entertainment, LLC, upholding the rule that an agreement allowing a patent owner to collect royalty payments after a patent's expiration is unlawful per se.
United States
24 Jun 2015
Second Circuit Holds "Hard Switch" Violates Sherman Act
For more details on the decision, take a look here, where we share analysis on the opinion.
United States
5 Jun 2015
Second Circuit Holds A Hard Switch Between Drugs Is An Unlawful Product Hop Under Section 2
In January 2004, Forest launched its twice-daily immediate-release therapy for moderate-to-severe Alzheimer's, Namenda IR (memantine), generating over $1.5 billion in annual sales for the last several years.
United States
5 Jun 2015
Supreme Court to Hear Argument On March 31 Whether To Overrulle Brulotte v. Thys, Co.
Most notably, the Solicitor General has submitted a brief defending the Brulotte rule and has been granted the right also to present oral argument.
United States
27 Mar 2015
DOJ Releases Electrifying New Guidance On Standard-Essential Patent Policy
The Department of Justice continued its multi-pronged defense of standards-setting organizations (SSOs) who adopt patent policies to prevent hold-up during licensing negotiations.
United States
12 Feb 2015
DOJ Revisits Music Royalty Consent Decrees
From cassette tapes to CDs to Pandora and Spotify, innovations in the music field over the past two decades have drastically changed how people access music.
United States
6 Jun 2014
Supreme Court Holds That Reverse Payment Patent Settlements Are Subject To Antitrust Scrutiny
For over a decade, the antitrust enforcers at the Federal Trade Commission have challenged the type of patent settlement where a brand-name drug manufacturer pays a prospective generic manufacturer to settle patent challenges, and the generic manufacturer agrees not to bring its generic to market for a specified number of years.
United States
24 Jun 2013
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