Declining to follow a decade-long line of appellate decisions, the U.S. Court of Appeals for the Third Circuit ruled that the settlement of a patent infringement dispute between rival drug makers that involved a payment to the alleged infringer likely violated antitrust laws. The Third Circuit also decided that health care providers lacked standing to bring federal antitrust claims against a hypodermic products supplier because they bought the products from distributors, who had the right to seek recovery instead.
Other antitrust developments of note included the U.S. Court of Appeals for the Seventh Circuit’s dismissal of a complaint by injured college football players challenging an NCAA rule prohibiting the award of multi-year scholarships and the U.S. Court of Appeals for the Sixth Circuit’s reinstatement of price discrimination claims brought against an electricity supplier in Ohio.
Patent Settlements
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