In Lafaro v. New York Cardiothoracic Group PLLC, Second Circuit Court of Appeals vacated a lower court’s ruling of summary judgment for a surgeon and his practice – defendants in an antitrust case over access to operating rooms at state-run Westchester Medical Center in New York – finding that although the state-run hospital as a […]
Author Archives: Steve Semeraro
Second Circuit Revives Hospital Antitrust Case Reversing State Action Based Summary Judgment
July 15, 2009 – 2:03 pm
Third Circuit Expedites Robinson-Patman Appeal, But Stays Injunction
July 15, 2009 – 2:01 pm
In Feesers Inc. v. Michael Foods Inc. et al., 3rd Circuit Court of Appeals, while expediting the appeal filed by Michael Foods Inc., stayed an injunction related to a contempt finding against Michael Foods, issued by the Middle District of Pennsylvania Judge Sylvia Rambo. The injunction and contempt finding stem from an order issued by Judge Rambo […]
Subclasses Certified in Toys R Us Litigation
July 15, 2009 – 1:59 pm
In McDonough et al. v. Toys R Us et al., Eastern Pennsylvania Judge Anita Brody certified five consumer subclasses, allowing purchasers of various baby products to proceed with the Sherman Act claims against Toys R Us and five baby-product manufacturers, including Baby Bjorn AB and Britax Child Safety Inc. The original complaint alleged that Babies R Us […]
EC Issues Report on Drug Patenting Issues
July 10, 2009 – 10:23 am
On the heals of the DOJ’s recent tough stance against reverse payment suits, the EC has issued a major report on drug patent issues. Although it backs off tough earlier rhetoric against the industry and places some blame for delay on EU regulation, the Commission also cites patent suits and settlements as the cause of delay. […]
European CFI Upholds, but reduces, EC Fine of Peugeot
July 10, 2009 – 10:14 am
The European Court of First Instance has dismissed an action by Peugeot challenging an October 2005 European Commission decision fining Peugeot for obstructing exports of new cars between 1997 and 2003 from The Netherlands to consumers living in other Member States. The CFI upheld the decision, but reduced the fine from €49.5m to €44.55m because the Commission had adequately considered role that price differentials had […]
EC Inspects Special Glass Sector
July 10, 2009 – 10:07 am
The European Commission confirmed that on March 4, 2009, it inspected firms in the special glass sector. These products are used for commercial and industrial optics and electronics. The companies involved were not disclosed
EC Imposed First Energy Secter Fines on German & French Pipeline Operators
July 9, 2009 – 4:15 am
The European Commission has fined Germany’s E.ON AG and it subsidiary €553m each and on France’s GDF Suez SA for sharing markets. The parties had agreed in 1975, when they decided to jointly build the MEGAL pipeline to import Russian gas into Germany and France, that they would not sell gas transported over this pipeline in each other’s home markets. They […]
Patent Reverse Payments Involving Cipro
July 8, 2009 – 5:37 pm
Update July 2009: In a similar Second Circuit case, the court requested the views of the Department of Justice. During the Bush administration, the DOJ had been at odds with the FTC over reverse payments, with the Commission asserting that such payments were presumptively illegal and the DOJ maintaining a more permissive view. In its […]
DuPont Files Antitrust Counter-claim Against Monsanto
July 7, 2009 – 8:47 am
In this District of Missouri litigation, DuPont has fired back in response to Monsanto’s patent infringement suit with a counter-claim alleging that Monsanto is seeking to monopolize the market for herbicide resistant corn and soybean. Monsanto claims that DuPont’s use of its Round-up Ready crops in conjunction with other anti-herbicidetechnology infringes Monsanto’s patent. DuPont denies the […]
FTC Investigates Drug Company Merger
June 23, 2009 – 10:07 am
The Federal Trade Commission has issued a second request delaying the proposed $41.1 billion merger between Merck & Co. Inc. and Schering-Plough Corp.