Tag Archives: Third Circuit

BakerHostetler Partners Publish Article Examining Reverse-Payment Suits Five Years After Actavis

Partners Carl Hittinger and Jeffry Duffy authored an article published by The Legal Intelligencer on July 27, 2018. The article, “Actavis and Reverse-Payments Suits in the Third Circuit After Five Years,” examines how purportedly anticompetitive patent-litigation settlement agreements between rival branded and generic pharmaceutical manufacturers—so-called “reverse payment” or “pay for delay” settlements—have generated numerous private lawsuits and remain one … Continue Reading

Has the Third Circuit Just Scrambled ‘Umbrella Damages’?

By Danyll Foix on February 6, 2018 Posted in Agriculture, Antitrust Litigation

A recent decision by the Third Circuit permits plaintiffs to pursue antitrust damages for egg products supplied by non-conspiring parties. This decision could represent a crack in the “umbrella damages” rule that precludes plaintiffs from seeking damages for transactions with parties that are not part of an alleged antitrust conspiracy. Umbrella damages often come up … Continue Reading

FTC Aggressively Pressing ‘Antitrust Trumps IP’ Theme

By Carl Hittinger and Jeffry Duffy on December 8, 2014 Posted in Antitrust Litigation, Articles, Patents

The Federal Trade Commission has recently brought its considerable institutional weight to bear in two developing areas at the intersection of unfair competition and intellectual property law. Continuing its crusade against “reverse-payment” patent infringement settlements in the pharmaceuticals sector, the FTC is promoting—especially in the Third Circuit—a maximalist interpretation of the U.S. Supreme Court’s 2013 … Continue Reading

No Standing for Illegal Drugs: Third Circuit Limits Antitrust Standing for Foreign Drug Manufacturers Absent FDA Approval

By Bill DeVinney on February 7, 2013 Posted in Antitrust Litigation, Sherman Act 1, Sherman Act 2

A Third Circuit panel recently ruled that a foreign drug manufacturer lacks antitrust standing when it could only sell its product in the United States through a distributor. In Ethypharm S.A. France v. Abbott Laboratories, Ethypharm, a French company, manufactured the drug fenofibrate and sold it under the brand name Antara. Because of the substantial time … Continue Reading

BakerHostetler Antitrust Lawyers Examine Recent Developments in Antitrust Class Action Litigation

By Danyll Foix on January 8, 2013 Posted in Antitrust Litigation, BakerHostetler, Class Action Litigation

Abrams, Commins and Foix kick off new year with publication in 2013 Antitrust Review of the Americas The 2013 Antitrust Review of the Americas features an article by BakerHostetler Antitrust Chair Robert G. Abrams, Partner Gregory J. Commins Jr., and Counsel and Editor of Antitrust Advocate Danyll W. Foix. “‘Rigorous Analysis’: Recent Developments in Antitrust Class Action Litigation … Continue Reading

Third Circuit Warns Against Belated Arbitration Demands

By Carey Busen on December 5, 2012 Posted in Alternative Dispute Resolution

Parties should not “use federal court proceedings to test the water before taking a[n arbitration] swim,” the Third Circuit recently cautioned when overturning an Eastern District of Pennsylvania’s decision granting a motion to compel arbitration. In re Pharmacy Benefit Managers Antitrust Litig. (Case No. 12-1430).… Continue Reading