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Reverse Payment Settlements in Patent Disputes Are Not Immune From the Antitrust Laws 11 Jul 2013 | 07:37 pm
On June 17, 2013, in FTC v. Actavis, Inc., the Supreme Court reversed a ruling, which held that settlements that have the patentee paying the patent infringer to withdraw its patent challenge and not ...
Apple Found Liable For Price Fixing of E-Books 11 Jul 2013 | 01:17 am
Today, the United States District Court for the Southern District of New York held, “Plaintiffs have shown that Apple conspired to raise the retail price of e-books and that they are entitled to injun...
The Supreme Court Allows American Express to Insulate Itself from Antitrust Liability 20 Jun 2013 | 11:29 pm
In American Express v. Italian Colors (Amex), the Supreme Court held today that “a contractual waiver of class arbitration is enforceable under the Federal Arbitration Act when the plaintiff ’s cost o...
Kansas Enacts Legislation Making Resale Price Maintenance Subject To The Rule Of Reason 23 Apr 2013 | 03:05 am
Overruling the recent Kansas Supreme Court decision in O’Brien v. Leegin Creative Leather Products, Inc. discussed in the May 8, 2012 Post, the Kansas legislature has mandated that resale price main...
$162.3 Million Jury Verdict (After Trebling) Against Chinese Vitamin C Manufacturers 19 Mar 2013 | 12:43 am
On March 14, 2013, a jury in the United States District Court for the Eastern District of New York awarded $54,100,000 to an antitrust plaintiff class. The jury found that the Chinese Vitamin C manuf...
Ninth Circuit Holds That Cartwright Act Has Extra-Territorial Reach 15 Feb 2013 | 02:39 am
The Ninth Circuit, in AT&T Mobility LLC v. AU Optronics Corp., No. 11-16188 (9th Cir. Feb. 14, 2013), held that the Cartwright Act (the California antitrust law) applies, consistent with due process, ...
Second Circuit Reverses Summary Judgement For Defendant In Published Paper MDL 10 Aug 2012 | 03:15 am
On August 6, 2012, the Second Circuit brought reality back to standards governing summary judgment in antitrust cases. See In re Publication Paper Antitrust Litig., 11-101-cv (2d Cir. Aug. 6, 2012). ...
Packaged Ice Indirect Purchasers Settled Claims Against One Defendant For More Than 90% of the Direct Purchasers’ Cash Settlement 1 Jun 2012 | 04:17 am
The Indirect Purchaser in the Packaged Ice MDL settled their claims against Reddy Ice. Reddy Ice recently filed for bankruptcy protection in the United States Bankruptcy Court for the Northern Distri...
Resale Price Maintenance Is Per Se Unlawful In Kansas 9 May 2012 | 06:24 am
On May 4, 2012, the Kansas Supreme Court held in O’Brien v. Leegin Creative Leather Products, Inc. that resale price maintenance is a per se offense of the Kansas antitrust law. The Kansas statute di...
Department of Justice Sues Apple and Publishers for Price-Fixing E-Books and Settles with Three Other Publishers 12 Apr 2012 | 05:56 am
Today, the Antitrust Division sued Apple and a number of publishers for price fixing e-books. The government alleges that Apple and the publishers agreed to use Apple as their agent – paying Apple a ...
