One of the most pressing issues in patent and antitrust law involves agreements by which brand-name drug companies pay generic firms to delay entering the market. In FTC v. Actavis, the Supreme Court held that these settlements could violate the antitrust laws. And while the Court introduced a blueprint for analyzing the agreements, it anticipated … Continue reading How Not To Apply Actavis…
Category: Blog
GMO Food Labeling on the Ballots – And in the Courts
In next week’s election, Oregon and Colorado will both put ballot measures before voters that would require mandatory labeling of GMO foods. Both measures say that a “yes” vote would satisfy consumers’ right to know about food composition, would allow them to make choices about their health and religious convictions, and is justified by scientific … Continue reading GMO Food Labeling on the Ballots – And in the Courts…
Farewell to Transparency: 10th Cir. Says Citizens United Need Not Disclose on Electioneering Films
Back in 2010, when the Supreme Court decided Citizens United, it said that we didn’t need to worry about equating money with speech. Allowing unlimited corporate expenditures on campaign ads wouldn’t distort electioneering communications because people could judge for themselves what to believe. As long as there was good disclosure about who was speaking. The … Continue reading Farewell to Transparency: 10th Cir. Says Citizens United Need Not Disclose on Electioneering Films…
NCAA v. O’Bannon decision: A bombshell for college athletics
College athletics are in the news these days. One of the reasons: the O’Bannon decision, in which the court rejected the NCAA’s amateurism defense and found an antitrust violation when students were not paid for for the use of their names, images, and likenesses. In this article, Prof. Carrier summarizes the case as well as … Continue reading NCAA v. O’Bannon decision: A bombshell for college athletics…
What You Need To Know About Standard Essential Patents
In the past several years, standard essential patents, or “SEPs,” have exploded onto the scene. Courts and enforcement agencies around the world have grappled with the nuances they present. What exactly are SEPs? What do attorneys need to know about SEPs? In his recent article, Professor Carrier answers these questions. After presenting the setting in … Continue reading What You Need To Know About Standard Essential Patents…