On January 28, 2015, Judge Mitchell Goldberg of the U.S. District Court for the Eastern District of Pennsylvania denied defendants’ summary judgment motions, sending the second reverse-payment-settlement case to trial. In King Drug Company of Florence v. Cephalon, Judge Goldberg found that plaintiffs “satisfied their burden of presenting evidence of anticompetitive effects” and that there … Continue reading Prof. Carrier article on Cephalon case…
Category: Blog
Professor Carrier podcast with Northwestern Law Review
This podcast discusses and elaborates on Professor Carrier’s essay, in which he explores two recent district court decisions that could frustrate the Supreme Court’s recent directive to apply antitrust law to “exclusion payment” patent settlements. The Court’s high-profile Actavis decision set broad guidelines for lower courts on how to assess the settlements, in which a … Continue reading Professor Carrier podcast with Northwestern Law Review…
FCC Comes Out Swinging on Broadband
In the face of a blistering grassroots campaign, President Obama’s finger wagging, several reversals at court, and at least five years of trying, the FCC has adopted unblinking net neutrality rules. The actual order – coming in at well over 200 pages – will not be available for days or weeks to come, so we … Continue reading FCC Comes Out Swinging on Broadband…
The Other Big Vote at the FCC Today
Today, the FCC will vote out it’s Net Neutrality rules, most likely releasing 5-10 pages of rule changes that will bring broadband within the Title II common carrier regime. The full report will follow some weeks from now and then the litigation will begin, with challenges probably being filed in March and April. There’s another … Continue reading The Other Big Vote at the FCC Today…
RIIPL conference: Feb. 27 at USF Law School
RIIPL conference: After Actavis: Litigating Reverse Payments Register Now Since the landmark United States Supreme Court decision in FTC v. Actavis, courts use the rule of reason to scrutinize payments from brand drug companies to generic drug companies in settling patent infringement cases. But how should they do so? What must plaintiffs show to invoke … Continue reading RIIPL conference: Feb. 27 at USF Law School…