FTC v. Actavis was a landmark antitrust decision. In rejecting the “scope of the patent” test that had immunized settlements by which brand-name drug firms pay generic companies to delay entering the market (“exclusion payment settlements”), the Supreme Court made clear that such agreements “tend to have significant adverse effects on competition” and could violate … Continue reading Why a ‘Large and Unjustified’ Payment Threshold is Not Consistent with Actavis…
Category: Blog
The Big (Patent) Short
WINNER OF THE FIRST ANNUAL LASTOWKA SHORT-FORM WRITING COMPETITION IN INFORMATION LAW Carl J. Minniti III ‘17 You cannot manipulate the stock market on purpose. For example, in a classic “pump and dump” scheme, market manipulators use misleading tactics in order to inflate stock prices by convincing unwitting investors to buy. Then, once the stock price reaches … Continue reading The Big (Patent) Short…
Public Unions, Product Labels, and the Abuse of First Amendment ‘Rights’
The case poses the question of whether union collective bargaining involves the kind of expressive speech that employees should not have to support. It’s long been the law (since the Abood case) that employees have a First Amendment right not to be compelled to support union political speech. Collective bargaining is something different. So the … Continue reading Public Unions, Product Labels, and the Abuse of First Amendment ‘Rights’…
NYT Editorial Underestimates Risk to Freedom of Expression of Proposed New European Privacy Law
The EU’s proposed new privacy law would codify and expand the Right to Be Forgotten (RTBF) decision of 2014, Google Spain v AEPD and Mario Costeja González. It would require some range of Internet platforms to remove content that allegedly infringes on the privacy rights of individuals. This range of platforms definitely includes search engines, which already … Continue reading NYT Editorial Underestimates Risk to Freedom of Expression of Proposed New European Privacy Law…
NJ Public TV Stations Could Fetch $2 billion in 2016 Broadcast Auction
New Jersey’s four public TV stations are, according to a 10/17/16 FCC release, worth as much as $2.3 billion at the upcoming (March 2016) 600 MHz broadcast spectrum auction. These stations are currently licensed to the New Jersey Public Broadcasting Authority, and operated by WNET, New York as the NJTV network. Two are located in … Continue reading NJ Public TV Stations Could Fetch $2 billion in 2016 Broadcast Auction…