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HTMLU.S. Federal Trade Commission and Justice Department Report on Merger Enforcement
Kathryn M. Fenton, Michael H. Knight, Bevin M.B. Newman, Pamela L. Taylor, Molly M. Wilkens; Jones Day;
Legal Alert/Article
August 26, 2015, previously published on August 2015
The Federal Trade Commission ("FTC") and Department of Justice ("DOJ") have released their annual Hart-Scott-Rodino ("HSR") Report, which details the agencies' merger review and enforcement for fiscal year 2014, which runs from October 1, 2013, to September 30, 2014....

 

HTMLU.S. Federal Trade Commission Issues Statement of "Unfair Methods of Competition" Enforcement Principles Under FTC Act § 5
Kathryn M. Fenton, Michael H. Knight, J. Bruce McDonald, Geoffrey D. Oliver, David P. Wales; Jones Day;
Legal Alert/Article
August 25, 2015, previously published on August 2015
The U.S. Federal Trade Commission ("FTC") has issued formal guidance on how the agency enforces Section 5 of the FTC Act ("Section 5") to police "unfair methods of competition" that may fall outside of the scope of the main federal antitrust statutes, the Sherman and...

 

HTMLRecent Federal Circuit Decision Underscores that PTAB's Discretionary Rulings at the Institution Stage Are Not Subject to Appellate Review
Gregory A. Castanias, David B. Cochran, Matthew W. Johnson, Sasha Mayergoyz; Jones Day;
Legal Alert/Article
August 20, 2015, previously published on August 2015
On August 11, 2015, the Federal Circuit issued two separate nonprecedential opinions addressing the decision of the Patent Trial and Appeal Board ("PTAB") in an inter partes review ("IPR") proceeding between Schott Gemtron Corporation ("Petitioner") and patent owner...

 

HTMLFederal Circuit's Unanimous En Banc Decision Focuses on "Attribution to a Single Entity" to Establish Divided-Infringement Liability
Gregory A. Castanias, Anthony M. Insogna, David M. Maiorana, Sasha Mayergoyz, Matthew J. Silveira; Jones Day;
Legal Alert/Article
August 17, 2015, previously published on August 2015
On August 13, 2015, the Federal Circuit issued an en banc decision in Akamai Technologies, Inc. v. Limelight Networks, Inc., stating in a per curiam opinion that "we unanimously set forth the law of divided infringement under 35 U.S.C. § 271(a)." In doing so, the court held that...

 

HTMLSuprema v. ITC: Induced Infringement of a Method Patent Supports a Section 337 Violation
Gregory A. Castanias, David M. Maiorana; Jones Day;
Legal Alert/Article
August 17, 2015, previously published on August 2015
On August 10, 2015, the en banc United States Court of Appeals for the Federal Circuit held that articles that do not directly infringe until after they have been imported into the United States may nonetheless qualify as "articles ... that infringe" that can be excluded from entry by the...

 

HTMLRapid Growth in Online Lending Prompts Information Request from U.S. Treasury
Lisa M. Ledbetter, Ralph F. MacDonald; Jones Day;
Legal Alert/Article
August 6, 2015, previously published on July 2015
The U.S. Treasury Department (the "Treasury") has issued a Request for Information ("RFI") on online marketplace lending, including peer-to-peer lending ("Online Lending") in the U.S. 80 F.R. 42866-68 (July 20, 2015).

 

HTMLTax Court Overturns IRS Cost-Sharing Regulation
Joseph A. Goldman, Karl L. Kellar, Edward T. Kennedy, Jerry N. Smith, Raymond J. Wiacek; Jones Day;
Legal Alert/Article
August 6, 2015, previously published on July 2015
On July 27, 2015, in Altera Corporation v. Commissioner, 145 T.C. No. 3 (2015), the Tax Court held Treasury regulation section 1.482-7(d)(2) (the "Regulation") invalid. This decision is significant to taxpayers who are parties to cost-sharing arrangements with foreign affiliates but, if...

 

HTMLEPA’s Proposed Endangerment Finding for Aircraft Greenhouse Gas Emissions Opens Door to Additional Industry Regulation
Jennifer M. Hayes, Rebecca MacPherson, John A. Rego, Charles T. Wehland; Jones Day;
Legal Alert/Article
July 31, 2015, previously published on July 2015
On June 10, 2015, the United States Environmental Protection Agency ("EPA") proposed an endangerment finding that it calls "a preliminary but necessary first step to begin to address GHG emissions from the aviation sector" under the Clean Air Act ("CAA").[1] EPA also...

 

HTMLCourt Affirms FTC's New HSR Rule on Pharmaceutical Patent License Transfers
Michael H. Knight, Bevin M.B. Newman, Geoffrey D. Oliver, Michael Sennett, Pamela L. Taylor; Jones Day;
Legal Alert/Article
July 28, 2015, previously published on July 2015
The D.C. Circuit has rejected a challenge by the Pharmaceutical Research and Manufacturers of America ("PhRMA") to an FTC rule that makes the HSR Act reporting requirements cover pharmaceutical patent licenses that transfer "all commercially significant rights." The rule,...

 

HTMLOfcom Consults on Proposed Shake-Up of UK Telecoms Market
Francesco Liberatore, Bruce A. Olcott; Jones Day;
Legal Alert/Article
July 28, 2015, previously published on July 2015
Ofcom, the UK's communications regulator, has published a discussion document on its Strategic Review of Digital Communications. The document outlines possible changes to the regulatory regime applying to all digital communications services in the UK, including broadband, mobile, landline and...

 


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