Topic: Patents

Court rejects patent infringement claims in covid-19 sham litigation case

A covid-19 test manufacturer accusing a rival of sham litigation to monopolise the market for genetic testing using saliva has proven it did not infringe upon any patents, but its new antitrust claims are barred by the First Amendment, a California federal court has ruled.

04 May 2023

Ingevity cannot escape $85 million antitrust judgment

Chemical company Ingevity cannot relitigate a jury’s ruling that it owes $85 million in damages for exclusive dealing and illegally tying its car emissions solutions by raising post-judgment immunity claims, a Delaware federal judge has ruled.

13 April 2023

New Zealand opens door for antitrust IP enforcement following removal of exemptions

New Zealand’s Commerce Commission has issued new guidelines clarifying how it will enforce against conduct involving intellectual property rights after IP-related exemptions were taken out of the country’s antitrust rulebook.

06 April 2023

Endo and Impax had non-compete agreement, FTC says

A lower court mischaracterised an agreement between Endo Pharmaceuticals and Impax Laboratories to forgo competition over a painkiller as a valid patent licensing agreement, the Federal Trade Commission has argued on appeal before the US Court of Appeals for the District of Columbia Circuit.

06 April 2023

Sham litigation counterclaims survive against Tennessee towing company

A Canadian hydraulic equipment supplier can proceed with its allegations that Miller Industries Towing Equipment turned to patent litigation in a bid to monopolise the market for rotating wrecker tow trucks, a New Jersey federal judge has held.

07 March 2023

Agriculture Department says intellectual property consolidation may harm competition

The concentration of market power and intellectual property rights in the hands of a few agrochemical companies has restructured the seed market and likely disadvantaged new entrants and farmers, the US Department of Agriculture has said.

07 March 2023

Vascepa monopolisation claims survive motion to dismiss

A New Jersey federal judge has refused to throw out a lawsuit alleging that Amarin Pharma prevented generic competition for the cholesterol-lowering drug Vascepa.

02 March 2023

Judge again thwarts class certification against Takeda, Teva and others

Value Drug has once again failed to provide evidence that certifying a class of purchasers of wholesale gout medication is warranted, a Pennsylvania federal judge has said.

02 March 2023

Gilead beats product hopping claims ahead of trial

A California federal court has thrown out product-hopping claims against Gilead Sciences relating to one of its HIV treatments, although the drugmaker and several others failed to escape allegations they agreed anticompetitive non-competes and pay-for-delay schemes.

23 February 2023

Hausfeld leads Dutch excessive pricing claim against AbbVie

An Amsterdam-based non-profit is seeking a court declaration that AbbVie abused its dominance by overcharging the national healthcare system over €1 billion for its rheumatoid arthritis treatment drug.

22 February 2023

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