Category Archives: Antitrust Law

FTC: Minor Drug Changes To Prolong Monopoly May Violate Antitrust Law

On November 21, 2012, the U.S. Federal Trade Commission filed in the U.S. District Court for the Eastern District of Pennsylvania an amicus brief contending that minor, non-therapeutic changes to branded pharmaceutical products may violate U.S. antitrust law if the changes … Continue reading

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Standard Setting Body May Be Liable For Antitrust Violations Of Member-Leaders

A federal judge in Philadelphia, Pennsylvania declined to dismiss antitrust claims filed against a standards setting organization (SSO) and its participants. TruePosition, Inc. v. LM Ericsson Telephone Co., No. 11-4574 E.D. Pa. Oct. 4, 2012). The plaintiff, a technology developer, claimed that … Continue reading

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Pennsylvania Federal Court Rejects Claims that Patent Infringement Actions Were “Sham” Litigation in Violation of Antitrust Law

The U.S. District Court for the Eastern District of Pennsylvania dismissed claims that the manufacturers and distributors of the antidepressant medication Wellbutrin XL committed antitrust violations by filing sham patent litigation against potential generic competitors and by filing a citizen … Continue reading

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US 11th Circuit Upholds Dismissal of FTC Antitrust Claims regarding “Pay for Delay” Pharma Patent Settlement.

Last week the U.S. Court of Appeals for the Eleventh Circuit affirmed the dismissal of antitrust claims by the Federal Trade Commission relating to a settlement of pharmaceutical patent litigation. The FTC objected to the settlement agreement because it contained … Continue reading

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