Emily Townsend
Subscribe to Emily Townsend's PostsDistrict Court Grants Temporary Restraining Order in Phoebe Putney Litigation
By Emily Townsend on May 17, 2013
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
by Carrie Amezcua The next step of the on-going Phoebe Putney litigation is completed. On Wednesday, April 15, the district court for the Middle District of Georgia granted the Federal Trade Commission’s (FTC) motion for a Temporary Restraining Order (TRO) in Federal Trade Commission v. Phoebe Putney Health System, Inc., No. 1:11-cv-58 (M.D. Ga.). In...
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Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies
By Emily Townsend on May 16, 2013
Posted In Agriculture, IP Antitrust
by Paul Devinsky, Cynthia Chen and Lincoln Mayer The Supreme Court in Bowman v. Monsanto Co. ruled unanimously that a farmer’s replanting of harvested seeds constituted making new infringing articles. While the case is important for agricultural industries, the Supreme Court cautioned that its decision is limited to the facts of the Bowman case and...
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Western District of Washington Sets FRAND Royalty Rates and Range for SEPs
By Emily Townsend on May 2, 2013
Posted In IP Antitrust
by Nick Grimmer and Stefan Meisner Last week in Microsoft v. Motorola, the U.S. District Court Western District of Washington became the first U.S. court to set fair, reasonable, and non-discriminatory (FRAND or RAND) royalty rates and range for standard-essential patents (SEPs). See Findings of Fact and Conclusions of Law, Microsoft v. Motorola, 2:10-cv-01823-JLR (W.D....
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North Carolina Legislature Passes Prohibition on MFNs in Health Care Contracts
By Emily Townsend on May 2, 2013
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust
by Jeffrey Brennan and Carrie Amezcua On Tuesday, the North Carolina legislature has enacted into law, pending the governor’s signature, a prohibition on the use of most favored nations (MFN) clauses in contracts between commercial health insurers and providers. The two-page bill, titled “Freedom to Negotiate Health Care Rates,” lists "prohibited contract provisions related to reimbursement...
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FTC’s New Chairwoman Ramirez Says Health Care Continues To Be Top Priority
By Emily Townsend on Apr 26, 2013
Posted In FTC Developments, Healthcare Antitrust, IP Antitrust, Mergers & Acquisitions
by Hillary Webber In remarks made this week at the International Competition Network annual conference, Federal Trade Commission (FTC) Chairwoman Edith Ramirez stated that health care will continue to be a top priority for the FTC. Referring to health care and hospital mergers in particular, she said that the Commission will "guard[] against what we...
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China’s Merger Control Rules Changing: MOFCOM Publishes New Draft Regulations on Remedies and Simple Cases
By Emily Townsend on Apr 17, 2013
Posted In Chinese Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
by Henry Chen, Frank Schoneveld and Alex An China’s Ministry of Commerce recently issued two new draft regulations. The first provides a wider range of potential remedies to obtain the clearance of a concentration (e.g., a merger, acquisition, joint venture, etc.); the other defines the standards for “simple” merger cases that are eligible for a...
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Requests for Suspension of EU Common Customs Tariff Still Under Consideration
By Emily Townsend on Apr 15, 2013
Posted In EC Developments
by Philip Bentley, QC Over 250 of the product requests submitted for tariff suspensions in January 2014 are still being examined by the EU Economic Tariff Question Group. The list of the products for which duty suspensions have been requested is now available on the website of the European Commission’s Taxation and Customs Union Directorate-General....
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A New Front in The Patent Wars: CJEU Asked for Guidance on Limits to Injunctive Relief
By Emily Townsend on Apr 11, 2013
Posted In EC Developments, IP Antitrust
by Wilko van Weert, Philipp Werner and David Henry The patent wars between large technology companies continue unabated. The Court of Justice of the European Union (CJEU) is set to provide guidance on the antitrust rules when holders of standard essential patents seek injunctive relief. To read the full article, click here.
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Supreme Court Hears Oral Argument in “Pay-for-Delay” Patent Settlement Antitrust Case
By Emily Townsend on Mar 27, 2013
Posted In FTC Developments, Healthcare Antitrust, IP Antitrust
by Jeffrey Brennan and Glenn Engelmann The Supreme Court’s ruling in Federal Trade Commission v. Actavis, Inc., will almost certainly have major implications for the viability of Federal Trade Commission and private suits alleging that pay-for-delay settlements are anticompetitive, and for the level of antitrust risk facing companies that enter into such settlements. Click here...
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Seizure of Electronic Data: Dawn Raid Inspection Guidance Revised
By Emily Townsend on Mar 22, 2013
Posted In EC Developments
by Martina Maier, Andrea L. Hamilton, Mai Muto and David Henry In an era when the vast majority of written communications are made by electronic means, a company’s obligations to cooperate with European Commission officials in an “antitrust dawn raid” extend to the granting of access to all electronically stored data. This is emphasised in...
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