Marisa (Reese) E. Poncia
Fifth Circuit Affirms Dismissal of Walker Process Claim, Disagrees with Federal Circuit Transfer of Action
By Marisa (Reese) E. Poncia on Aug 25, 2022
Posted In Antitrust, Patents
The US Court of Appeals for the Fifth Circuit affirmed a summary judgment order dismissing a Walker Process monopolization action brought by Ronald Chandler and his oilfield service company Chandler Manufacturing (collectively, Chandler). The Fifth Circuit affirmed the lower court’s tossing of the action, holding that the alleged claims lacked a nexus to antitrust injury...
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Second Circuit Rejects FTC Challenge of 1-800 Contacts, Highlighting Procompetitive Trademark Policy
By Marisa (Reese) E. Poncia and McDermott Will & Emery on Jun 24, 2021
Posted In Antitrust, Trademarks
The US Court of Appeals for the Second Circuit vacated a final order of the Federal Trade Commission (FTC), which had found that agreements to refrain from bidding on keyword search terms for internet advertisements violated Section 5 of the FTC Act. The Court made clear that although trademark agreements are not necessarily immune from...
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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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