Tag Archives: pharmaceuticals

Caught Between a Rock and a Hard Place: The Second Circuit to Decide Appeal From Cartel Defendants Who Argued Compliance With Chinese Law Resulted in Sherman Act Violations

By Torello Calvani on March 28, 2016 Posted in Antitrust Litigation, Sherman Act 1

On January 28, 2016, the United States Court of Appeals for the Second Circuit heard arguments on whether the doctrines of act of state, foreign sovereign compulsion, and international comity required the reversal of a jury’s verdict against two Chinese companies that were found liable for violating Section 1 of the Sherman Act. The plaintiffs … Continue Reading

FTC Weighs in on Upcoming Third Circuit ‘Product-Hopping’ Appeal

By Carl Hittinger and Mitchell Oates on November 19, 2015 Posted in FTC Act, Sherman Act 1

“Product-hopping” refers to a practice employed by some brand-name pharmaceutical companies in which the company attempts to shift users from an older prescription drug that is going off-patent and will soon face generic competition to a newly introduced similar product from that company. Often, the new product will have a significant term of patent protection … Continue Reading