The U.S. Court of Appeals for the Fifth Circuit recently issued a writ of mandamus transferring a case from the Western District of Texas a commonly chosen jurisdiction for patent.
On June 27, 2023, the Federal Circuit Court of Appeals denied OnePlus Technology's petition for a writ of mandamus, which sought to vacate the district court's denial of a motion to transfer.
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Recent decisions in two different antitrust cases involving price increases and marketing practices for the EpiPen address a relationship solidly embedded in the current architecture of pharmaceutical drug markets: payments between manufacturers and pharmacy benefit managers (“PBMs”) hired by health plans to manage prescription drug programs. These new rulings suggest that while certain manufacturer rebates have come under increased scrutiny in recent years, the standard industry practice remains on firm footing.
In general, health plans hire PBMs to design, manage, and administer drug benefit programs, including to (i) negotiate with manufacturers to obtain rebates to offset the list prices of drugs and (ii) to design and manage formularies and formulary compliance programs. Rather than negotiate with manufacturers on their own, a number of health plans hire PBMs to negotiate collectively on their behalf. In ex
Tuesday, March 2, 2021
LTTB, LLC is a small business that has seen success due to its vegetable-based pun LETTUCE TURNIP THE BEET. LTTB owns four trademark registrations for the pun for various apparel products, tote bags, and online retail store services, among other things. Many of LTTB’s products are emblazoned with the phrase:
LTTB brought suit in the Northern District of California against Redbubble, Inc. in January 2018 for counterfeiting, trademark infringement, unfair competition, and false designation of origin. Redbubble is an online marketplace where independent artists can upload and sell their designs on everyday products such as apparel, tote backs, stickers, etc. Some of the designs available on Redbubble’s website include LETTUCE TURNIP THE BEET: