Preliminary Approval Sought For $38M Settlement In Rewards Enrollment Case

SAN DIEGO - Plaintiffs asked a California federal judge on June 13 to preliminarily approve a settlement worth more than $38 million in a state unfair competition law (UCL) case alleging that online retailers used personal information to enroll consumers in rewards programs without their knowledge or...

3rd Circuit: Reverse-Payment Settlements Are Subject To Rule-Of-Reason Analysis

PHILADELPHIA - Settlements involving a reverse payment from a name-brand manufacturer to a generic challenger to delay the entry date for marketing a generic drug are subject to the rule-of-reason test and not the scope-of-the-patent test, the Third Circuit U.S. Court of Appeals ruled July 16, saying...

Sham Litigation Claims Against Biovail Are Settled; Case Against GSK Continues

PHILADELPHIA - Biovail Corp., the manufacturer of the prescription antidepressant drug Wellbutrin XL, reached a $37.5 million settlement on July 23 with direct purchasers who claimed that Biovail illegally conspired to prevent generic versions of the drug from entering the American market by filing sham...

Internet Porn Site Must Disclose Identities Of Some Uploaders

LAS VEGAS - An Internet site accused of copyright infringement of "adult-themed" videos must disclose to a Las Vegas video producer the identities of six people who allegedly uploaded protected video, a Nevada federal judge ruled Aug. 1 ( Liberty Media Holdings, LLC v. Sergej Letyagin, d/b...

3rd Circuit Will Not Stay Mandate In Reverse-Payment Settlements Case

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Aug. 17 denied drug makers' motion to stay the mandate pending the filing of a petition for a writ of certiorari in the U.S. Supreme Court in a case in which the appeals court ruled that settlements involving a reverse payment from a name...

GlaxoSmithKline, Third-Party Payers' Antitrust Settlement Is Approved

PHILADELPHIA - A federal judge in Pennsylvania on Jan. 14 granted preliminary approval to a $21.5 million cash settlement on third-party payers' (TPP) class claims that GlaxoSmithKline PLC (GSK) engaged in a fraudulent scheme to extend patent protection for antidepressant drug Wellbutrin SR (In re...

Judge: Competition Law Claims Involving Lawyer's Google Advertising Proceed

SAN JOSE, Calif. - An Arkansas lawyer may pursue most of his California unfair competition law (UCL) action based on his alleged reliance on Google Inc.'s advertising pricing and placement policies, a federal judge held April 9 (Rick Woods, et al. v. Google Inc., No. 5:11-cv-01263, N.D. Calif.; 2012...

Judge Dismisses Antitrust Class Action Against Inflight Internet Provider

SAN FRANCISCO - Three airline travelers have failed to show that "there has been a substantial foreclosure of competition in the relevant market" of providers of Internet connectivity on domestic commercial aircraft, a California federal judge found April 10, granting a motion to dismiss by...

FTAIA Bars Antitrust Claims In USB Connector Case, New York Federal Judge Rules

NEW YORK - A federal judge in New York on May 14 dismissed for lack of subject matter jurisdiction Sherman Act claims brought by a Chinese manufacturer of universal serial bus (USB) 3.0 connectors against other manufacturers that do not manufacture or directly sell any USB 3.0 connectors in the United...

States, Penguin Settle E-Books Price-Fixing Litigation; Apple Set For Trial

NEW YORK - Texas and several other states and territories and classes of purchasers have reached an agreement with Penguin Group (USA) Inc. on allegations that several publishers and Apple Inc. conspired to fix prices of electronic books, according to a May 22 letter filed with the federal judge in New...

Several State-Law Claims Against Apple Are Dismissed On Eve Of Antitrust Trial

NEW YORK - The federal judge in New York overseeing the multidistrict litigation against Apple Inc. on claims that the company conspired with several publishers to fix prices of electronic books approved the dismissal of several state-law claims on May 29, just days before the June 3 trial date (In re...

Purchasers' Settlement With Video Game Software Maker Receives Final Approval

OAKLAND, Calif. - A federal judge in California on May 30 granted final approval to a $27 million settlement of purchasers' claims that a manufacturer of interactive video game software violated antitrust law by entering into exclusive trademark licenses with U.S. football associations (Geoffrey...

$150M Settlement Receives Final Approval In Flonase Sham Litigation Case

PHILADELPHIA - A federal judge in Pennsylvania on June 14 granted final approval to a $150 million cash settlement between Flonase manufacturer GlaxoSmithKline PLC (GSK) and a certified class of 33 direct purchasers on the direct purchasers' claims that GSK filed a series of sham citizen petitions...

High Court Remands Reverse-Payment Settlement Cases To 3rd Circuit

WASHINGTON, D.C. - The U.S. Supreme Court on June 24 vacated the judgment of the Third Circuit in antitrust litigation involving the drug K-Dur and remanded for further consideration in light of its recent ruling in Federal Trade Commission v. Actavis, Inc., et al., in which it held that reverse-payment...

Calif. Cipro Purchasers Seek Approval Of Settlement With Bayer Over Pay-For-Delay

SAN DIEGO - California purchasers of the antibiotic Cipro and third-party payers who reimbursed for California purchases of Cipro on July 11 asked a state court to grant preliminary approval to their $74 million cash settlement with Bayer Corp. and Bayer AG (collectively, Bayer) on claims that Bayer...

Text Messengers Must Arbitrate Antitrust Claims, Federal Judge Rules

NEW YORK - Text message service companies alleging that wireless communication companies, a trade organization and aggregators conspired to restrain trade and monopolize the market for application-to-person (A2P) text messages must arbitrate their federal antitrust claims, a federal judge in New York...

Unfair Competition Class Action Against Skype Reinstated By Appeals Court

LOS ANGELES - A California appeals panel on Oct. 4 found that a woman's putative class claims alleging unfair competition, false advertising and related claims against Skype Inc., over its claims of "unlimited" calling plans, were adequately alleged, reversing and remanding a lower court's...

Nexium End-Payers Granted Certification Of Damages Class, Not Injunctive Class

BOSTON - A federal judge in Massachusetts on Nov. 14 certified a damages class of end-payers that purchased or provided reimbursements for Nexium on the end-payers' antitrust and consumer protection claims contending that the manufacturer of the heartburn medication and generic drug manufacturers...

California Cipro Purchasers' Settlement With Bayer Over Pay-For-Delay Is Approved

SAN DIEGO - A judge in California on Nov. 15 granted final approval to a $74 million cash settlement between Bayer Corp. and Bayer AG (collectively, Bayer) and California purchasers of the antibiotic Cipro and third-party payers who reimbursed for California purchases of Cipro on claims that Bayer paid...

Apple Seeks Dismissal Of States' Damages Action In E-Books Conspiracy Litigation

NEW YORK - Apple Inc. on Nov. 15 moved to dismiss an action by the attorneys general of several states which alleges that Apple conspired with publishers to fix prices of electronic books, arguing that the district court lacks subject-matter jurisdiction over the states' damages action against Apple...

Judge Dismisses Privacy, Unfair Competition Class Action Over IPhone Apps

SAN JOSE, Calif. - The named plaintiffs in a putative class action against Apple Inc. failed to establish their standing under Article III of the U.S. Constitution or two California statutes, a California federal judge found Nov. 25, disposing of their claims related to Apple's purported collection...

Nexium Direct Purchasers Granted Class Certification In Pay-For-Delay Suit

BOSTON - A federal judge in Massachusetts on Dec. 11 certified a nationwide class of direct purchasers of Nexium on their antitrust claims contending that the manufacturer of the heartburn medication and generic drug manufacturers entered into reverse-payment agreements to keep generic versions of the...

DOJ Opposes Apple's Motion To Stay Injunction In E-Books Conspiracy Litigation

NEW YORK - The U.S. Department of Justice and several states on Dec. 30 opposed Apple Inc.'s motion requesting a stay of the appointment of an external compliance monitor pending Apple's appeal to the Second Circuit U.S. Court of Appeals of a ruling that Apple conspired with publishers to fix...

Facebook Sued Over Scanning Of Users' Private Messages

OAKLAND, Calif. - Two Facebook Inc. users filed a putative class action against the social networking giant on Dec. 30, alleging federal and state law violations springing from Facebook's purported reading and analyzing of users' private messages for the purpose of providing targeted advertising...

Judge Refuses To Disqualify Monitor Or Grant Stay In E-Books Case; Apple Appeals

NEW YORK - A federal judge in New York on Jan. 16 rejected Apple Inc.'s argument that the external compliance monitor the judge appointed after ruling that Apple conspired with publishers to fix prices of electronic books should be disqualified and denied Apple's motion requesting a stay of the...