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Emerging Trends and Developments in Antitrust Merger Enforcement: What Lies Ahead
Challenges to mergers and acquisitions by US antitrust authorities spiked in 2019, with much attention paid to “nascent” competitive problems and vertical mergers. This was capped off by proposed Department of Justice (DOJ) and Federal Trade Commission (FTC) vertical merger guidelines, the first such guidelines issued since 1984. In addition, the DOJ has continued to express concern about merger remedies, leading to the DOJ’s attempt to stop the AT&T-Time Warner combination. The concern about remedies played another role in the court room, as one court engaged in an unprecedented expanded Tunney Act review of a merger consent order offered by the DOJ. And not to be outdone, the Attorney Generals of several states showed their dissatisfaction with the DOJ remedies in the T-Mobile/Sprint consolidation, bringing their own lawsuit to stop the deal.
Combatting Antitrust Misconduct in Government Procurement: Regulatory and Enforcement Developments
In its continued effort to deter anticompetitive conduct and other violations affecting government procurement, the U.S. Department of Justice (DOJ) created the Procurement Collusion Strike Force in 2019. It is comprised of state and federal investigators and prosecutors mandated to investigate and prosecute all types of procurement collusions and other similar misconduct in government purchasing and programs.
Obviousness-Type Double Patenting (ODP): Demystifying Recent Trends and Significant Court Rulings
In the U.S. and Canada, courts have designed the doctrine of obviousness-type double patenting (ODP) to prevent inventors from gaining an unjust extension of their patent rights by obtaining patent on the obvious variants of an invention. By rejecting and invalidating ODP, courts prevent the manipulation of issue dates and patent rights by patentees.
BPCIA Patent Dance: Navigating the Biosimilar Litigation Landscape in 2020
Since the beginning of 2019, the number of biosimilar litigation - particularly those concerning the Biologics Price Competition and Innovation Act (BPCIA) “patent dance” - has drastically increased. One of the notable BCPIA cases that are being closely watched, is Amgen’s legal battle with Novartis’ Sandoz arm over the Enbrel patent, in which the former intends to hold commercial exclusivity for Enbrel until 2029. The legal precedents established in this dispute are expected to impact the biosimilar market as well as the pending and future biosimilar patent lawsuits.
Emerging Trends and Developments in Antitrust Enforcement: Addressing Critical Issues
With the growing competition in the marketplace and the increasing number of antitrust claims, the Department of Justice’s (DOJ) Antitrust Division and the Federal Trade Commission (FTC) continue to intensify its crackdown on anticompetitive conduct across all industries. The FTC recently announced the creation of an internal task force that would monitor and investigate potential antitrust violations arising in the technology markets.
Litigation Techniques in Markman Hearings: Exploring Significant Trends and Developments
Also known as claim construction hearing, the Markman hearing is a significant proceeding in a patent infringement case. Getting it right is crucial to the success of a case.
Navigating the Proposed Opportunity Zone Regulations: What You Should Know and Do in 2020
In December 2019, the Final Regulations for Qualified Opportunity Zone Program were issued by Treasury and the Internal Revenue Service (IRS). The Final Regulations were reported in the Federal Register in January 2020 and will become final in mid-March.
Effective Intellectual Property Damages Calculation: A Comprehensive Guide
Effective calculation of intellectual property damages is a crucial factor in any IP litigation. However, with significant court cases constantly shaping the process, several risk issues including apportionment analysis, royalty base issues, and damages calculation methodologies must be carefully considered to avoid unwanted risks and pitfalls.
Demystifying Special-Purpose Acquisition Companies (SPACs): Separating the Potential from the Hype
Special-purpose acquisition companies (SPACs), also known as “blank-check companies,” have recently reemerged as a feasible acquisition vehicle for many private companies. The sole purpose of SPACs is to purchase other companies by raising capital through initial public offerings (IPOs).
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