Layne Kruse (US)

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New federal cause of action for trade secret theft

On April 27, 2016, Congress broke new ground in federal law, passing the Defend Trade Secrets Act of 2016. Once it receives the expected signature from the President, the DTSA will create a federal private cause of action for misappropriation of trade secrets. Although the new law has much in common with the well-known Uniform … Continue reading

US Supreme Court holds pay-for-delay subject to antitrust scrutiny but not presumptively unlawful

The fight to curtail “pay-for-delay” or “reverse payment” settlements between pharmaceutical patent holders and generic drug makers received a shot in the arm on Monday, as the Supreme Court held this week that these agreements are not immune from antitrust scrutiny.[1] The decision, however, was not a complete victory for either regulators or private plaintiffs. … Continue reading

Pay-For-Delay Enforcement Heats Up in the Wake of In re K-Dur Antitrust Litigation

The Third Circuit’s decision in In re K-Dur Antitrust Litigation breathed new life into the FTC’s fight against pay-for-delay settlement agreements. Since that decision, the FTC has acted with renewed vigor and sought to attack these agreements on a number of different fronts. A. FTC’s Attempt to Expand K-Dur Ruling In the past three months, … Continue reading

Third Circuit Finds Pay-for-Delay Settlements Prima Facie Unlawful

The Third Circuit’s opinion on July 16, 2012, in In re K-Dur Antitrust Litigation, sharpened the divide between the circuits on the appropriate antitrust treatment of pay-for-delay patent settlements by rejecting the scope-of-the-patent test and embracing a “quick look” approach that finds these types of settlements prima facie unlawful. The court’s decision is a major … Continue reading