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Evidentiary rulings swing toward Qualcomm as FTC’s suit over patent licensing approaches trial

As the January 4, 2019, trial date for the FTC’s antitrust lawsuit against Qualcomm draws near, the federal district court in San Jose, California, has issued several rulings on what evidence will be permitted at trial. The court denied two motions in limine filed by t

Antitrust claims against Johnson & Johnson over Remicade go forward

Direct and indirect purchasers of the biologic infliximab drug Remicade sufficiently alleged anticompetitive conduct to withstand a motion to dismiss from Johnson & Johnson in an action against the pharmaceutical company for using exclusive agreements and coercive bundle

Key-cutting machine designer cannot reassert patent marking, false advertising claims against rival

A designer of an electronic key cutting machine was barred by the doctrine of claim preclusion from reasserting claims that a competitor falsely marketed and promoted its own key cutting machines as having "patent pending" features, in violation of the Patent Act&r

Containerboard purchasers unable to show agreement to fix prices, reduce output

In a decision pondering the adequacy of the Sherman Act to protect consumers from consciously parallel conduct among oligopolists, the U.S. Court of Appeals in Chicago has upheld dismissal of a class action against containerboard manufacturers for conspiring to increase pric

U.S. faces uphill battle to overturn decision in AT&T-Time Warner merger challenge

Department of Justice attorney Michael F. Murray faced tough questioning from a panel of federal appellate court judges today as he attempted to persuade the District of Columbia Circuit to overturn a district court’s decision dismissing the government’s challeng

New U.S. charges filed in price fixing probe of online promotional products industry

The owner/chief executive officer and the owner/chief operator officer of Netbrands Media Corp., an online retail company that sells customized silicone and vinyl wristbands, as well as other promotional products, have been charged by the Department of Justice Antitrust Divi

Antitrust claims against college application processor proceed

Finding that the plaintiff had adequately alleged all seven of its antitrust claims against The College Application, Inc., which the plaintiff claims is the dominant online college application processing provider, a federal district court in Oregon denied The College Applica

Conspiracy exception to Illinois Brick rule did not apply for exclusive dealing claims against medical supply manufacturer, suppliers

Medical care providers lacked standing under the Illinois Brick direct purchaser rule to bring an antitrust action against medical supply distributors and suppliers for purportedly using exclusive-dealing provisions, penalty provisions, and other anticompetitive behavior to

U.S. consent decree paving way for acquisition of quarry operator approved, despite West Virginia’s concerns

The federal district court in Washington, D.C. yesterday approved a U.S. consent decree, requiring building materials business CRH plc to divest an aggregate quarry in Virginia in order to proceed with its acquisition of quarry operator Pounding Mill Quarry Corporation. The

FTC closes hospital merger probe after Massachusetts AG secures price caps

The proposed merger of Beth Israel Deaconess Medical Center (BIDMC) and Lahey Health System will proceed under a settlement with the Massachusetts attorney general, it was announced today. An assurance of discontinuance, filed in superior court in Suffolk Coun

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