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Nexium Judge Gives Rare Look Into Landmark Antitrust Trial
2015-07-31 07:31:01

Nexium Judge Gives Rare Look Into Landmark Antitrust Trial

Received: 2015-07-31 07:31:01 (29 sec.) Created: 2015-07-31 07:30:32 (?)
U.S. District Judge William G. Young, who last year oversaw the first trial of a pay-for-delay case since the U.S. Supreme Court concluded that pharmaceutical patent settlements could face antitrust challenges, offered a rare window Thursday into his thinking throughout the case as he refused to grant Nexium buyers another jury trial to try to make their case stick. Here are some of the judge's takeaways about key moments in the "rip-roaring" six-week trial.
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Friday, July 31, 2015 Follow Competition Law360


Nexium Judge Gives Rare Look Into Landmark Antitrust Trial

U.S. District Judge William G. Young, who last year oversaw the first trial of a pay-for-delay case since the U.S. Supreme Court concluded that pharmaceutical patent settlements could face antitrust challenges, offered a rare window Thursday into his thinking throughout the case as he refused to grant Nexium buyers another jury trial to try to make their case stick. Here are some of the judge's takeaways about key moments in the "rip-roaring" six-week trial.

No New Trial For Drug Buyers In Nexium Pay-For-Delay Suit

A Massachusetts federal judge refused Thursday to let Nexium buyers get a second crack at their pay-for-delay suit against AstraZeneca PLC and Ranbaxy Inc., saying the plaintiffs' claim for how new evidence would let them prove their case at trial was "at least a couple of bridges too far."

Amazon, Wal-Mart Want $7B Deal Scrapped Over Misconduct Inc., Starbucks Corp. and Wal-Mart Stores Inc. have objected to the $7.25 billion antitrust settlement Visa Inc. and MasterCard Inc. reached over their interchange fees, arguing the plaintiffs were inadequately represented by an attorney who allegedly exchanged confidential information with a now-indicted lawyer representing their adversary.

Viva Cinema Slams AMC's Bid To Nix Antitrust Suit

Shuttered Spanish-language movie theater Viva Cinemas Theaters and Entertainment LLC fired back Wednesday at AMC Entertainment Holdings Inc.'s bid to toss its Texas federal antitrust suit accusing AMC of illegally squeezing it out of the Houston market by blocking it from getting new releases, saying AMC is downplaying its strong-armed bullying tactics.

9th Circ. Won't Revive Challenge To US Shipping Law

The Ninth Circuit on Thursday affirmed the dismissal of a class action that was aimed at invalidating the Jones Act, a law designed to help the American shipping industry that the plaintiffs had claimed caused the price of goods in Hawaii to soar by creating a de facto shipping duopoly in the state.


3 Takeaways From 9th Circ.'s Motorola FRAND Decision

By affirming Thursday that Motorola Inc. failed to license its standard-essential patents to Microsoft Corp. on fair terms, the Ninth Circuit endorsed the detailed process the trial judge devised for setting royalty rates for essential patents. Here are three things attorneys can learn from the decision.

DOJ Faces Uphill Battle In Fattah Corruption Case

While an exhaustive indictment handed down Wednesday accuses Rep. Chaka Fattah, D-Pa., of misappropriating federal funds and charitable donations to repay loans to his political supporters, attorneys tell Law360 that prosecutors will face an uphill battle proving the congressman was at the helm of the corruption scheme.


Frontier/Verizon Deal Should Serve Public, Group Tells FCC

A California nonprofit asked the Federal Communications Commission on Wednesday to hold Frontier Communications Corp. accountable for promises that its $10.5 billion purchase of wireline operations from Verizon Communications Inc. in California, Florida and Texas would benefit the public.

Deals Rumor Mill: IHG, Starwood, Cigna, PartnerRe, Exor

InterContinental Hotels Group PLC has held early-stage talks to combine with Starwood Hotels & Resorts Worldwide Inc. in a deal that could potentially create the world's largest hotel company, while Cigna Corp. digs in for a more than yearlong regulatory review of its proposed $54 billion takeover by rival health insurer Anthem Inc., and PartnerRe Ltd. opens up to possible takeover talks with Exor SpA.


UK Bans Trader Convicted Of Libor Rigging

The U.K. Financial Conduct Authority said Thursday that it has banned a former trader at Cooperatieve Centrale Raiffeisen-Boerenleenbank BA, better known as Rabobank, from working in the United Kingdom’s finance industry due to his conviction in U.S. Libor litigation.


Broadband Cos. Tell Court Neutrality Is FCC 'Power Grab'

Challengers to the Federal Communications Commission’s tough new net neutrality rules fired their opening salvo Thursday at the D.C. Circuit, calling the agency's rules “a sweeping bureaucratic power grab.”


9th Circ. Backs Microsoft's $14M Win In Motorola FRAND Suit

The Ninth Circuit on Thursday affirmed a jury's decision awarding Microsoft Corp. $14.5 million after finding Motorola Inc. breached its obligation to license its standard-essential patents on fair terms, and ruled that a judge's landmark decision establishing the proper licensing rate for the patents was correct.

Novartis Looks To Kill Gleevec Antitrust Suit

Novartis Pharmaceuticals Corp. told a Massachusetts federal judge to dismiss a proposed class action that claims the company illegally withheld generic versions of a leukemia drug from consumers, saying the plaintiffs lack standing to sue and have failed to state a claim.

NuVasive Inks $14M FCA Deal Over Kickbacks, Off-Label Uses

Medical device maker NuVasive Inc. will pay $13.5 million to resolve whistleblower allegations that it violated the False Claims Act by promoting off-label uses of spinal fusion products for Medicare patients and dispensing kickbacks through a supposedly independent medical society, the U.S. Department of Justice said Thursday.

Cephalon Can’t Dodge Provigil Claims In FCA Off-Label Suit

A Pennsylvania federal judge Thursday denied a bid by Cephalon Inc. to dismiss claims in a False Claims Act suit relating to off-label marketing of its drug Provigil, saying a recent high court ruling did not support Cephalon’s assertion that similar claims in a related whistleblower suit barred the instant claims.

NY Sen. Skelos, Son Deny New Corruption Charges

New York state Sen. Dean Skelos and his son pled not guilty in federal court on Thursday to new bribery and extortion charges, setting the stage for a November trial.


Morrison Foerster Adds Commercial Litigator In Hong Kong

Morrison & Foerster LLP said Tuesday it has bolstered its commercial litigation group in its Hong Kong office with the addition of a former Winston & Strawn LLP attorney who has extensive experience in competition law, intellectual property disputes, and class action litigation.


Trial Aces: Buckley Sandler's David Krakoff

Intense, persistent and tireless are adjectives that tend to pepper colleagues' descriptions of BuckleySandler LLP partner David Krakoff when he prepares for trial.

Dewey Stiffed Atty On Repayment Of Capital Loan, Jury Hears

A former Dewey Ballantine LLP partner testified Thursday at the trial of Dewey & LeBoeuf LLP’s executive leadership that she was deceived about the repayment of a loan covering her capital contribution and got stuck paying off the balance.

K&L Gates Chair Defends Firm Stability Amid Partner Drain

K&L Gates LLP chairman Peter Kalis on Thursday defended the financial health of his firm and shot back in a memo at recent media reports that the loss of scores of partners this year pointed to internal unease about a less-than-stellar financial performance and talent loss.

Law Grads' Employment Rate Up As Classes Shrink: Report

The law school class of 2014 had a total employment rate of 86.7 percent, the first hike in legal jobs figures since 2007, thanks in part to its smaller class size, according to a Wednesday report by the National Association for Law Placement.

6 Tips For Lawyers Moving Into Firm Management

Attorneys may know how to win the toughest cases and land business from the most sought-after clients, but the skills that make for a successful practitioner don't necessarily translate to firm leadership. Here, experts share tips for how lawyers can guarantee a smooth transition to managing partner and other top law firm posts.

How To Survive Litigation On The Fast Track

Whether they come in the form of arbitrations, requests for temporary restraining orders, or full-blown trials, expedited legal proceedings can be an incredible strain on a litigator’s workload, mental health and family life. But cases on the fast track can also have a silver lining. Here, Law360 takes a look at the six most important things to keep in mind during a whirlwind proceeding.

Law360's Weekly Verdict: Legal Lions & Lambs

Attorneys from Sullivan & Cromwell LLP lead this week's legal lions, playing a central role in a big-ticket pharmaceutical acquisition and scoring a win for client AT&T Inc. at the Federal Communications Commission. Our legal lambs were led to slaughter by Bohm Law Group attorneys who got too friendly with a California jury.

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Akin Gump

Anthony Ostlund

Arnold & Porter

Axinn Veltrop

Baker Botts

Bass Berry

Berger & Montague

Berman DeValerio

Blank Rome

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Boies Schiller

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Brewer, Attorneys & Counselors

Bryan Cave

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Cleary Gottlieb

Cohen Milstein

Constantine Cannon

Cotchett Pitre

Covington & Burling

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Dewey & LeBoeuf

Drinker Biddle

Edwards Wildman

Fish & Richardson

Garwin Gerstein

Gibson Dunn

Godwin Lewis

Griesing Law

Hagens Berman

Holwell Shuster

Howarth & Smith

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Jones Day

Joseph Greenwald

K&L Gates

Kahn Swick

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Kelley Drye

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Latham & Watkins

Lerman Senter

Lieff Cabraser

Locke Lord

McCarter & English

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Mintz Levin

MoloLamken LLP

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Pomerantz Haudek

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Winston & Strawn


7-Eleven Inc.

AMC Entertainment

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American Cable Association

American Express Company

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AutoZone, Inc

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Halliburton Company

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Inter IKEA Systems BV

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MasterCard Incorporated

Matson Inc.

Microsoft Corporation

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Mylan NV

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National Cable & Telecommunications Association

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Paramount Pictures Corp.

PartnerRe Ltd.


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SLM Corporation

Sony Pictures Entertainment Inc.

Starbucks Corporation

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Sun Pharmaceutical

Teva Pharmaceutical Industries Limited

The DIRECTV Group, Inc.

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Twentieth Century Fox Film Corp.

United States Telecom Association

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