Lisa P. Rumin
Subscribe to Lisa P. Rumin's PostsLisa P. Rumin focuses her practice on antitrust, regulatory and litigation matters. She assists clients across a variety of industries and has represented numerous clients in the healthcare, pharmaceutical, and biotechnology industries. Lisa advises clients on mergers and acquisitions, including obtaining clearance from the Federal Trade Commission (FTC) and Department of Justice (DOJ), as well as counsels clients on issues regarding antitrust compliance, pricing, and distribution. Read Lisa Rumin's full bio here.
Can’t Presume Personal Jurisdiction Exists When Challenged
By Lisa P. Rumin, Claire Danberg and Joshua W. Eastby on Feb 3, 2022
Posted In Trademarks
The US Court of Appeals for the First Circuit affirmed a district court order dismissing a trademark infringement case for lack of personal jurisdiction, finding that if challenged, personal jurisdiction cannot be assumed into existence. Motus, LLC v. CarData Consultants, Inc., Case No. 21-1226 (1st Cir. Jan. 18, 2022) (Lynch, Selya, McConnell, JJ.) Motus is...
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Fifth Circuit Affirms Jury Verdict on Willing Licensee FRAND Commitment
By Lisa P. Rumin and Anthony S. Ferrara on Sep 30, 2021
Posted In Patents
The US Court of Appeals for the Fifth Circuit affirmed a jury verdict finding that a standard essential patent (SEP) owner did not breach its commitment to license its SEPs on fair, reasonable and non-discriminatory (FRAND) terms. The ruling establishes not only that willing licensee disputes can be subject to jury adjudication, but also that...
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Federal Circuit Lacks Appellate Jurisdiction over Standalone Walker Process Claims
By Lisa P. Rumin and Graham J. Hyman on Jun 24, 2021
Posted In Antitrust, Patents
The US Court of Appeals for the Federal Circuit ordered the transfer of a case asserting standalone Walker Process antitrust claims involving an unenforceable patent to the regional circuit, in this case the US Court of Appeals for the Fifth Circuit. Chandler v. Phoenix Services LLC, Case No. 20-1848 (Fed Cir. June 10, 2021) (Hughes,...
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Fourth Circuit Breathes New Life into Monopolization Suit
By Lisa P. Rumin and Marisa (Reese) E. Poncia on Apr 22, 2021
Posted In Antitrust, Patents
The US Court of Appeals for the Fourth Circuit revived an antitrust suit alleging that a pharmaceutical manufacturer illegally maintained its monopoly for its innovator drug by precluding competition beyond the expiration date of the patent covering the drug. The Court found that the case was filed within the statute of limitations because the antitrust...
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Standard Essential Patent Licensing Practices Do Not Violate Antitrust Laws
By Anthony S. Ferrara and Lisa P. Rumin on Aug 26, 2020
Posted In Antitrust
The US Court of Appeals for the Ninth Circuit vacated a district court decision that found Qualcomm’s patent licensing practices violate antitrust laws and reversed a permanent, worldwide injunction against several of Qualcomm’s business practices. Fed. Trade Comm’n v. Qualcomm Inc., Case No. 19-16122 (9th Cir. Aug. 11, 2020) (C.J. Callahan). Qualcomm sells modem chips...
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Eighth Circuit Cools Off Antitrust Claims Based on Alleged Patent Fraud
By Lisa P. Rumin on Aug 5, 2020
Posted In Patents
The US Court of Appeals for the Eighth Circuit affirmed a grant of summary judgment dismissing antitrust and tortious interference claims based on fraudulent procurement of patents where the plaintiff failed to show a knowing and willful intent to deceive the US Patent and Trademark Office (PTO). Inline Packaging, LLC v. Graphic Packaging International, LLC,...
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Bad Faith Required to Prevent Speech Regarding Potential Patent Infringement
By Lisa P. Rumin on Apr 15, 2020
Posted In Patents
The US Court of Appeals for the Federal Circuit found that a district court abused its discretion in granting a preliminary injunction enjoining a patent holder from making claims of patent infringement without finding that those infringement claims were made in bad faith. The Federal Circuit reversed, vacated and remanded the district court’s decision. Myco...
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