The Second Circuit provided a few caveats to its opinion, including that it was not holding that arbitration class-action waivers were unenforceable per se.
The Federal Circuit has agreed to consider whether antitrust allegations related to fraudulent patent procurement can be raised by direct purchasers.
The court refused to dismiss a class action alleging that Astellas violated antitrust laws by tying the purchase of a drug to the acquisition of a license to perform a patented process.
By Jeff Jaeckel
The law for bundled discounts is more than just unsettled; it is a mess.
By Bradley C. Weber and Ellen Miers Peeples
Iqbal and Twombly have made it difficult for antitrust plaintiffs to predict what any given court will require them to plead.
By Sean Durkin
The method for determining anticompetitive bundle pricing is flawed and can yield false negatives.
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