DOCSLIB.ORG

October 2013 Term

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
October 2013 Term October/November 2013 RebalancingBulletin Pay-for-Delay: Why the Hatch-Waxman Act In This Issue Should Be Given More Weight in the Antitrust Analysis and Rebalancing Pay-for-Delay: What That Means for Reverse Payment Agreements An Antitrust Analysis of Reverse Payment By David Kurlander* Agreements ................1, 3-12 I. Introduction the battles regarding these agreements President’s Corner ...............2-3 li Lilly & Co., a $10.9 billion- have produced inconsistent results. A per-year pharmaceuticals giant, handful of circuit courts have upheld The Patent Pilot E created one of the best selling drugs the validity of these settlements Program: Reassignment when the agreement was confined to Rates and the Effect of in history – Prozac.1 In 2000, the Local Patent Rules .........13-19 drug alone accounted for roughly one the parameters of the patent, while quarter of the company’s revenue.2 A others have condemned reverse NYIPLA Amicus Brief in payments as an illegal restraint of CLS Bank Case Advocates year later, however, Lilly lost a legal 5 battle with a generic manufacturer trade. The United States Supreme for Clarification on Court, in a recent decision, held Patent-Eligible over the validity of the Prozac patent.3 Subject Matter ..............20-22 Seemingly overnight, the drug, which that reverse payments are subject to previously pulled in $2.6 billion per antitrust scrutiny under an approach Moving Up and that analyzes both the procompetitive Moving On ........................22 year, saw its quarterly sales drop sixty-six percent.4 and anticompetitive effects of the agreement.6 As an academic matter, October/November 2013 Recognizing the potentially IP Media Links ...............23-24 disastrous consequences of losing pay-for-delay agreements raise long- patents for blockbuster drugs, large standing debates about the proper Supreme Court 2013-2014 balance between patent rights and IP Case Preview ............26-28 pharmaceutical companies began 7 settling patent battles by making consumer access. Historian’s Corner ................29 large payments to potential generic rivals. In exchange, the generic II. Background Notable Trademark Trial manufacturers began to abandon A reverse payment settlement and Appeal Board Decisions ......................30-31 lawsuits that may have allowed involves three legal regimes – patent, the entry of generic drugs into the antitrust, and food and drug laws.8 On Voices from the market and increase competition the one hand, the patent system grants Presidents’ Forum..........32-35 in the health care industry. These innovators the right to exclude others agreements between brand-name from using the invention.9 This right to CLE Program Reviews & Meetings ......36-37 pharmaceutical companies and exclude ultimately minimizes the gap generic manufacturers, however, between the value of the invention and Board of Directors do not exclude the generic product the value that an inventor receives by Meeting Minutes ................38 entirely. Rather, they postpone allowing that inventor to charge a higher generic entry for an agreed-upon time price for use of the invention.10 The NYIPLA Calendar .................39 frame. Still, these so-called “pay-for- patent system, thus, incentivizes profit- New Members ......................40 delay” settlements have attracted the motivated individuals to develop new attention of antitrust enforcement technology and promotes technological authorities because of their potential progress.11 On the other hand, antitrust to hinder competition. In the courts, law functions to maximize consumer cont. on page 3 g The views expressed in the Bulletin are the views of the authors except where Board of Directors approval is expressly indicated. © Copyright 2013 The New York Intellectual Property Law Association, Inc. N Y I P L A Page N1 Y I www.NYIPLP L A October/November A.org 2013 November 2013 evelopment of innovative NYIPLA prod- volunteered to attend on behalf of the NYIPLA. ucts presents unique approaches to tradi- The goal was to educate law students about tionalD and emerging aspects of the law. In this membership benefits with the NYIPLA. It proved respect, we are grateful for the participation of to be a good interface for the Association with our members and other contributors to our on- future attorneys. going CLE programs, events, and publications. On October 10th, Meetings & Forums I am pleased to report that the early fall Committee Co-Chairs Colman Ragan and programs in September and October have Steven Lendaris hosted an event at New York proved to be quite successful. On September Law School concerning “Diverse Careers in 24th the Young Lawyers Committee, chaired IP law and Strategies for Achieving Success.” by Jonathan Auerbach, Michael Bullerman and Panelists Tom Meloro, NYIPLA Immediate Past Lauren Nowierski, held the first of a bi-monthly President, of Willkie Farr & Gallagher LLP; Young Lawyers Roundtable on legal writing. John Resek of Resek, Liang and Frank LLP; Panelists Paul A. Bondor of Desmarais LLP and and Michael Chang of Kenyon & Kenyon LLP Henry C. Dinger of Goodwin Procter LLP were discussed how young lawyers can effectively extremely informative in reviewing briefs and communicate with partners and clients and how providing suggestions as an assistance to young to navigate their career paths in a marketplace lawyers desiring to become more persuasive and with diverse opportunities for intellectual property compelling legal writers. lawyers. The program was successful and nicely Board Member Jessica L. Copeland coordi- coordinated by the Co-Chairs, working diligently nated a September 26th CLE Program directed with the panel to satisfy the needs of the attendees. to Intellectual Property Considerations for Soft- On October 17th, the Corporate Committee ware and Mobile Apps at Hodgson Russ LLP’s under Co-Chair Frank Sedlarcik conducted an office in New York City. Panelists were Jeanine in-house counsel mixer with interaction between Ray-Yarletts of IBM Corporation and Al Cutaia NYIPLA corporate members and prospective and Rob Fluskey from Hodgson Russ LLP. A members about the benefits of NYIPLA mem- significant turnout of attendees was present for bership and possible improvements in program- this excellent program. ming to satisfy specific needs. Feedback on the On October 9, 2013, we held the first Presi- programming was positive, and there is definite dents’ Forum. The topic was “What to do about interest in repeating the event. NPEs: Do We Risk Throwing The Baby Out On October 29th the Young Lawyers Com- With The Bath Water?” The goal was to promote mittee hosted a program entitled, “Life as a Young an in-depth, high-level discussion among leaders IP Associate - Managing the Non-Legal Aspects in the field. We were fortunate to have Honor- of Your Practice,” at Crowell & Moring LLP, able Paul R. Michel, Retired Chief Judge for the which targeted another segment of the profession. Court of Appeals for the Federal Circuit; Hugh Hoffmann & Baron, LLP hosted a continuing legal Hansen, Professor of IP Law at Fordham Uni- education program on November 7th entitled, versity School of Law; Alexander I. Poltorak, “Understanding Recent Changes in Patent Law Chairman and CEO of General Patent Corpo- and Their Effect on Litigation,” on Long Island ration; William H. Sorrell, Attorney General of to continue our efforts to geographically expand Vermont; and Marian Underweiser, Counsel, IP NYIPLA activities. Law Strategy & Policy of IBM, as discussion Clearly the CLE programs were diverse, PRESIDENT’S CORNER leaders. NYIPLA Past Presidents interesting, and well received. In the Marylee Jenkins and Melvin Gar- coming months, we look forward ner facilitated a town-hall style to a similar success in providing discussion that was spirited and informational and educational informative. Many thanks to Doro- services to the intellectual property thy Auth, Annemarie Hassett, and law profession. Matt McFarlane, who spearheaded Meanwhile, plans for the winter the event supported by a number of and spring events are well under other NYIPLA past presidents. way. In particular, with regard to the The Association participated 2014 NYIPLA Judges Dinner, we are in an event, also on October 9th, pleased to report that Judge Gregory called “Meet the Bar Associa- M. Sleet, Chief Judge of the United tions.” Young Lawyers Committee States District Court for the District member Gary Yen of Kenyon & of Delaware, has agreed to accept the Kenyon LLP and a staff member 2014 NYIPLA Outstanding Public from the NYIPLA Executive Office Service Award. Judge Sleet’s public cont. on page 3 N Y I P L A Page 2 www.NYIPL A.org cont. from page 2 - President’s Corner service record is second to none, and, as a native New A further article of interest being published is entitled, Yorker, he is a friend and supporter of the NYIPLA. “The Patent Pilot Program: Reassignment Rates and the Finally, I would like to comment on some of the Effect of Local Patent Rules.” This article by Ron Vogel excellent components of the present Bulletin, which I discusses the Patent Pilot Program, the variation in the urge members and recipients of this publication to peruse. reassignment rates and the absence of a statistically sig- For instance, we are publishing the Honorable William C. nificant correlation between the adoption of local patent Conner Writing Competition First Place Winner’s article rules and an increase in a district’s caseload. Also included by David Kurlander, a third-year
Load more

Recommended publications
  • THE NEW YORK EMPLOYEE ADVOCATE Nelanational Employment Lawyers Association/New York • Advocates for Employee Rights
    THE NEW YORK EMPLOYEE ADVOCATE NELANational Employment Lawyers Association/New York • Advocates for Employee Rights VOLUME 11, NO. 7 December 2003 Jonathan Ben-Asher, Editor Members to Vote in NELA Board Elections Filings, Trials and Settlements This fall, the NELA/NY Board of NELA/NY’s Executive Director, Shelley Directors revised NELA/NY’s Bylaws to Leinheardt, on or before December 5, In this column, we publish cases provide that the membership will vote to 2004. which NELA/NY members have fill two vacant seats on the Board each Statements in support of a candidate recently filed, tried or settled. Please year. The new procedures go into effect will be provided to each member either send information on your cases to this year, for the election of the 2004 electronically or in hard copy. In addi- Jonathan Ben-Asher at jb-a@bmbf. Board. tion, on December 10 we are holding an com. Please include the parties, Up to now, members of NELA New Open Membership Meeting, during which court, counsel for both sides, a short York’s Board of Directors have been candidates can discuss their interests and description of the underlying facts elected each December, by the current views. (6:00 p.m., at the office of Bern- and issues, and anything else which Board. In 2001, the Board revised the stein, Litowitz, Berger & Grossman, 1285 you think your colleagues would Bylaws so that Board members may only Avenue of the Americas). find particularly tantalizing. serve for five consecutive years. To put No later than December 22, 2003, Shel- Unfortunately, we have had only that change into effect, several Board ley will be sending to each member, by a few submissions for this issue.
    [Show full text]
  • Web 2007-2008 Greenbook.Indd
    2007/2008 GREENBOOK THE NEW YORK INTELLECTUAL PROPERTY LAW ASSOCIATION, INC. HE ASSOCIATION IS ESTABLISHED TO MAINTAIN THE HONOR AND DIGNITY OF THE LAW OF PATENTS, TRADEMARKS“T AND COPYRIGHTS; TO PROMOTE THE DEVEL- OPMENT AND ADMINISTRATION THEREOF; TO ADVANCE THE EDUCATION OF THE MEMBERS OF THE BAR AND THE PUBLIC IN THOSE FIELDS OF LAW, AND TO COOPERATE WITH FOREIGN ASSOCIATIONS IN HARMONIZING THE SUBSTANCE AND INTERPRETATION OF INTERNATIONAL CONVENTIONS FOR THE PROTECTION OF INTELLECTUAL PROPERTY.” - BYLAWS, ARTICLE II MEMBER NATIONAL COUNCIL OF PATENT LAW ASSOCIATIONS i The GREENBOOK constitutes a review of the period from June 2006 through December 1, 2007. The closing date for inclusion of new members was February 1, 2008, and for changes to membership contact information was December 1, 2007. If any member wishes to update his or her contact information, please e-mail the Association at [email protected] with the updated information, and designate the subject line as “Contact Information”. © 2008 by The New York Intellectual Property Law Association, Inc. All rights reserved. ii EDITORIAL STAFF • EDITOR-IN-CHIEF Ashe P. Puri GREENBOOK EDITOR Stephen J. Quigley THE ASSOCIATION’S SECRETARY Charles R. Hoffmann • Executive Office of the New York Intellectual Property Law Association, Inc. 485 Kinderkamack Road, 2nd Floor Oradell, New Jersey 07649 Phone: 201-634-1870 Fax: 201-634-1871 General e-mail: [email protected] iii iv TABLE OF CONTENTS PART I PAGE Section 1 Officers; Board of Directors ..........................................3 Section
    [Show full text]
  • Members by Circuit (As of January 3, 2017)
    Federal Judges Association - Members by Circuit (as of January 3, 2017) 1st Circuit United States Court of Appeals for the First Circuit Bruce M. Selya Jeffrey R. Howard Kermit Victor Lipez Ojetta Rogeriee Thompson Sandra L. Lynch United States District Court District of Maine D. Brock Hornby George Z. Singal John A. Woodcock, Jr. Jon David LeVy Nancy Torresen United States District Court District of Massachusetts Allison Dale Burroughs Denise Jefferson Casper Douglas P. Woodlock F. Dennis Saylor George A. O'Toole, Jr. Indira Talwani Leo T. Sorokin Mark G. Mastroianni Mark L. Wolf Michael A. Ponsor Patti B. Saris Richard G. Stearns Timothy S. Hillman William G. Young United States District Court District of New Hampshire Joseph A. DiClerico, Jr. Joseph N. LaPlante Landya B. McCafferty Paul J. Barbadoro SteVen J. McAuliffe United States District Court District of Puerto Rico Daniel R. Dominguez Francisco Augusto Besosa Gustavo A. Gelpi, Jr. Jay A. Garcia-Gregory Juan M. Perez-Gimenez Pedro A. Delgado Hernandez United States District Court District of Rhode Island Ernest C. Torres John J. McConnell, Jr. Mary M. Lisi William E. Smith 2nd Circuit United States Court of Appeals for the Second Circuit Barrington D. Parker, Jr. Christopher F. Droney Dennis Jacobs Denny Chin Gerard E. Lynch Guido Calabresi John Walker, Jr. Jon O. Newman Jose A. Cabranes Peter W. Hall Pierre N. LeVal Raymond J. Lohier, Jr. Reena Raggi Robert A. Katzmann Robert D. Sack United States District Court District of Connecticut Alan H. NeVas, Sr. Alfred V. Covello Alvin W. Thompson Dominic J. Squatrito Ellen B.
    [Show full text]
  • The United States District Court for the Southern District of New York: a Retrospective (1990-2000)
    The United States District Court for the Southern District of New York: A Retrospective (1990-2000) The New York County Lawyers’ Association Committee On The Federal Courts December 2002 This report was approved by the Board of Directors of the New York County Lawyers’ Association at its regular meeting on January 13, 2003. Copyright December 2002 New York County Lawyers’ Association 14 Vesey Street, New York, NY 10007 phone: (212) 267-6646; fax: (212) 406-9252 Additional copies may be obtained on-line at the NYCLA website: www.nycla.org TABLE OF CONTENTS INTRODUCTION ...........................................................................................................................1 A BRIEF HISTORY OF THE COURT (1789 TO 1989)................................................................2 THE EDWARD WEINFELD AWARD..........................................................................................7 UNITED STATES ATTORNEY MARY JO WHITE (1993-2001): FIRST WOMAN TO LEAD THE OFFICE....................................................................................7 THE COMPOSITION OF TODAY’S COURT ..............................................................................8 Chief Judges: Transition and Continuity ........................................................................... 8 THE COURT’S CHANGING DOCKET ......................................................................................10 NOTABLE CASES, TRIALS, AND DECISIONS.......................................................................11 Antitrust
    [Show full text]
  • The E-Books Price Fixing Litigation: Curious Outlier Or Harbinger of Change in Antitrust Enforcement Policy? Evan D
    Hastings Science and Technology Law Journal Volume 6 | Number 1 Article 3 Winter 2014 The E-Books Price Fixing Litigation: Curious Outlier or Harbinger of Change in Antitrust Enforcement Policy? Evan D. Brewer Follow this and additional works at: https://repository.uchastings.edu/ hastings_science_technology_law_journal Part of the Science and Technology Law Commons Recommended Citation Evan D. Brewer, The E-Books Price Fixing Litigation: Curious Outlier or Harbinger of Change in Antitrust Enforcement Policy?, 6 Hastings Sci. & Tech. L.J. 43 (2014). Available at: https://repository.uchastings.edu/hastings_science_technology_law_journal/vol6/iss1/3 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Science and Technology Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. The E-Books Price Fixing Litigation: Curious Outlier or Harbinger of Change in Antitrust Enforcement Policy? * by EVAN D. BREWER Note: After this paper was written, the case against Apple was tried to bench in the United States District Court for the Southern District of New York. On July 10, 2013, Judge Denise Cote found Apple had committed a per se Sherman Act violation by conspiring with the publishers to eliminate retail price competition and to raise e-book prices.† The discussion here, based in part on the Government’s allegations against Apple in the complaint, echoes much of Judge Cote’s analysis. It remains unknown, however, why the government chose to pursue a civil action, and what its choice means for antitrust enforcement policy going forward.
    [Show full text]
  • 2020-04-30 Litigation Rules Update Summaries.Xlsx
    Litigation Rules Update Summaries Update Summary April 30, 2020: The following new Rules Sets were created: No new Rules Sets were created. The following Rules Sets were renamed: No Rules Sets were renamed. The following Rules Sets were removed: No Rules Sets were removed. The following Rules Sets were reactivated: No Rules Sets were reactivated. The following Rules Sets were revised: 8ENDA USDC ‐‐ N.D. Alabama 4APCR AK ‐‐ Rules of Appellate Procedure ‐ Criminal I3AZN AZ ‐‐ Coconino County Superior Court K3AZA AZ ‐‐ Rules of Civil Appellate Procedure 8TPA CDCA Standing Order ‐‐ Judge Percy Anderson 8TXAB CDCA Standing Order ‐‐ Judge Andre Birotte Jr. 8TWDK CDCA Standing Order ‐‐ Judge William D. Keller 8TSVW CDCA Standing Order ‐‐ Judge Stephen V. Wilson 8TSHS CDCA Standing Order ‐‐ Mag. Suzanne H. Segal 0SPJH NDCA Standing Order ‐‐ Chief Judge Phyllis J. Hamilton* 0SPHP NDCA Standing Order ‐‐ Chief Judge Phyllis Hamilton ‐ Patent 0SBLF NDCA Standing Order ‐‐ Judge Beth Labson Freeman 0SJSW NDCA Standing Order ‐‐ Judge Jeffrey S. White 0SJWP NDCA Standing Order ‐‐ Judge Jeffrey S. White ‐ Patent 0SRMI NDCA Standing Order ‐‐ Mag. Robert M. Illman 9SNLS SDCA Standing Order ‐‐ Mag. Nita L. Stormes 4IUCO USDC ‐‐ District of Colorado 7A06C FL ‐‐ 6th Judicial Circuit (Pasco, Pinellas)* 7A06P FL ‐‐ 6th Judicial Circuit ‐ Pinellas County 7A08C FL ‐‐ 8th Judicial Circuit (Alachua, Baker, Bradford, Gilchrist, Levy, Union) 7A17C FL ‐‐ 17th Judicial Circuit (Broward County) 7A18B FL ‐‐ 18th Judicial Circuit ‐ Brevard County 7A18S FL ‐‐ 18th Judicial Circuit ‐ Seminole County 2EFLF FL ‐‐ Family Law Rules of Procedure 1EFAP FL ‐‐ Rules of Appellate Procedure* 2FLA2 FL ‐‐ Second Appellate District 2FLA4 FL ‐‐ Fourth Appellate District 2FLA5 FL ‐‐ Fifth Appellate District L3GBS USBC ‐‐ S.D.
    [Show full text]
  • Case 1:12-Cv-02826-DLC Document 326 Filed 07/10/13 Page 1 of 160
    Case 1:12-cv-02826-DLC Document 326 Filed 07/10/13 Page 1 of 160 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------- X : UNITED STATES OF AMERICA, : : Plaintiff, : 12 Civ. 2826 (DLC) -v- : : APPLE INC., et al., : : Defendants. : : OPINION & ORDER ---------------------------------------- X : THE STATE OF TEXAS, et al., : : Plaintiffs, : -v- : 12 Civ. 3394 (DLC) : PENQUIN GROUP (USA) INC., et al., : : Defendants. : : ---------------------------------------- X APPEARANCES: For plaintiff the United States: Mark W. Ryan Lawrence E. Buterman Daniel McCuaig Stephen T. Fairchild Nathan P. Sutton Carrie Syme Bill Jones United States Department of Justice Antitrust Division 450 Fifth Street, N.W., Suite 4000 Washington, DC 20530 1 Case 1:12-cv-02826-DLC Document 326 Filed 07/10/13 Page 2 of 160 For plaintiff States: For State of Texas, Liaison Counsel for Plaintiff States Gabriel Gervey Eric Lipman David Ashton Office of the Attorney General of Texas P.O. Box 12548 Austin, TX 78711 For State of Connecticut, Liaison Counsel for Plaintiff States W. Joseph Nielsen Gary M. Becker Office of the Attorney General of Connecticut 55 Elm Street Hartford, CT 06106 For defendant Apple Inc.: Orin Snyder Lisa H. Rubin Gibson, Dunn & Crutcher, LLP 200 Park Avenue, 47th Floor New York, NY 10166 Daniel S. Floyd, Pro hac vice Daniel G. Swanson, Pro hac vice Gibson, Dunn & Crutcher, LLP 333 South Grand Ave. Los Angeles, CA 90071 Cynthia Richman Gibson, Dunn & Crutcher, LLP 1050 Connecticut Avenue, N.W. Washington, DC 20036 Howard E. Heiss O’Melveny & Myers LLP 7 Times Square New York, NY 10036 2 Case 1:12-cv-02826-DLC Document 326 Filed 07/10/13 Page 3 of 160 Table of Contents PROCEDURAL HISTORY.........................................
    [Show full text]
  • Notes on Uniformity and Individuality in Mass Litigation
    DePaul Law Review Volume 64 Issue 2 Winter 2015: Twentieth Annual Clifford Symposium on Tort Law and Social Policy - In Article 3 Honor of Jack Weinstein Notes on Uniformity and Individuality in Mass Litigation Jack B. Weinstein Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Jack B. Weinstein, Notes on Uniformity and Individuality in Mass Litigation, 64 DePaul L. Rev. (2015) Available at: https://via.library.depaul.edu/law-review/vol64/iss2/3 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. NOTES ON UNIFORMITY AND INDIVIDUALITY IN MASS LITIGATION Jack B. Weinstein* TABLE OF CONTENTS I. DILEMMAS .............................................. 251 A. Law’s Fundamental Dilemma ....................... 252 B. Sentencing .......................................... 255 C. Class Action ........................................ 256 II. MECHANISMS ........................................... 257 A. Juries and Others ................................... 257 B. Judges .............................................. 257 C. Legal Community ................................... 259 III. MASS ACTIONS.......................................... 261 A. Unavailability of Efficient Procedures for Courts .... 261 B. Limitations on Individual Access to the Courts ...... 265 1. Lack of Lawyers ...............................
    [Show full text]
  • Women of the Mother Court Jadranka Jakovcic
    62 • THE FEDERAL LAWYER • August 2018 WOMEN OF THE MOTHER COURT JADRANKA JAKOVCIC he U.S. District Court for the Southern also remembered for having drafted the original complaint in the landmark civil rights case Brown v. Board of Education.4 She was District of New York (SDNY), colloquially the first African-American woman ever to argue a case before the known as the “Mother Court,” is the U.S. Supreme Court and was successful in nine of the 10 cases she oldest federal court in the United States. argued before it.5 TCreated by President George Washington through Another of the Mother Court’s proud history of judicial firsts was the appointment of Hon. Sonia Sotomayor as its first Hispanic the Judiciary Act of 1789, it was the first court to woman. While serving on the federal bench, she has gained fame as sit under the new U.S. Constitution, preceding the the judge who “saved” Major League Baseball with her strike-ending U.S. Supreme Court by several weeks.1 decision in Silverman v. Major League Baseball Player Relations Committee Inc.,6 which evidenced the qualities of thought and In the words of Hon. Charles Evans Hughes, former chief justice diligence she would later bring to the U.S. Supreme Court. Appoint- of the United States, “the courts are what the judges make them, and ed by President Barack Obama in 2009, Justice Sotomayor is also the district court in New York, from the time of James Duane, Wash- the first Hispanic and the third woman to serve on the U.S.
    [Show full text]
  • US and Plaintiff States V. Apple
    Case: 14-60 Document: 25 Page: 1 01/24/2014 1141356 129 Nos. 13-3741 (L), 13-3857 (CON) No. 14-60 No.14-61 IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, and STATE OF TEXAS, et. al, Plaintiffs-Appellees, v. APPLE, INC., Defendant-Appellant. ____________________ ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (JUDGE DENISE COTE) ____________________ OPPOSITION OF PLAINTIFFS-APPELLEES TO APPLE’S EMERGENCY MOTION FOR A STAY PENDING APPEAL ____________________ WILLIAM J. BAER Assistant Attorney General MARK W. RYAN KRISTEN C. LIMARZI LAWRENCE E. BUTERMAN ROBERT B. NICHOLSON DANIEL MCCUAIG DAVID SEIDMAN Attorneys FINNUALA K. TESSIER U.S. Department of Justice Attorneys Antitrust Division U.S. Department of Justice Antitrust Division 950 Pennsylvania Ave., NW Room 3224 Washington, DC 20530-0001 (Additional counsel on inside cover) 202-305-7420 Case: 14-60 Document: 25 Page: 2 01/24/2014 1141356 129 GREG ABBOTT GEORGE JEPSEN Attorney General of Texas Attorney General of Connecticut DANIEL T. HODGE W. JOSEPH NIELSEN First Assistant Attorney General Assistant Attorney General Office of the Attorney General of Connecticut JOHN SCOTT 55 Elm Street Deputy Attorney General for Hartford, CT 06106 Civil Litigation 860-808-5040 JONATHAN F. MITCHELL Solicitor General ANDREW OLDHAM ERIC T. SCHNEIDERMAN Deputy Solicitor General Attorney General of the State of New York ERIC LIPMAN WON S. SHIN Assistant Attorney General Assistant Solicitor General Office of the Attorney General Office of the Attorney General of the of Texas State of New York P.O.
    [Show full text]
  • Dinner Journal
    Hon. William C. Conner Inn of Court Reception and Dinner onn . C er C I m N a N i l o l f i C W o . u N r O t H I P N e 8 w 00 York 2 January 14, 2015 The Union League Club of New York Judge William C. Conner Mission of the Hon. William C. Conner Inn of Court The mission of the Hon. William C. Conner Inn of Court is to promote excellence in professionalism, ethics, civility, and legal skills for judges, lawyers, academicians, and students of law and to advance the education of the members of the Inn, the members of the bench and bar, and the public in the fields of intellectual property law. At our Inaugural Dinner in 2009, we presented Mrs. Conner with a bouquet of her favorite flowers - yellow roses. Janice Files Conner passed away on September 12, 2011. We continue to commemorate Mrs. Conner every year with yellow roses at our Annual Dinner. Program Cocktail Reception • 6:00 pm Dinner • 7:00 pm Welcome Opening Remarks Anthony Giaccio Presentation of 2015 Conner Inn Excellence Award to Hon. Denny Chin Circuit Judge, United States Court of Appeals for the Second Circuit by Hon. Robert A. Katzmann, Chief Judge, United States Court of Appeals for the Second Circuit Presentation of 2015 Conner Inn Excellence Award to Hon. Sharon Prost Chief Judge, United States Court of Appeals for the Federal Circuit by Hon. Richard Linn, Senior Circuit Judge, United States Court for the Federal Circuit Closing Remarks w w w Conner Inn Officers President, Hon.
    [Show full text]
  • Federal Judges Association Current Members by Circuit As of 10/8/2020
    Federal Judges Association Current Members by Circuit as of 10/8/2020 1st Circuit United States Court of Appeals for the First Circuit Jeffrey R. Howard 0 Kermit Victor Lipez (Snr) Sandra L. Lynch Ojetta Rogeriee Thompson United States District Court District of Maine D. Brock Hornby (Snr) 0 Jon David Levy George Z. Singal (Snr) Nancy Torresen John A. Woodcock, Jr. (Snr) United States District Court District of Massachusetts Allison Dale Burroughs 0 Denise Jefferson Casper Timothy S. Hillman Mark G. Mastroianni George A. O'Toole, Jr. (Snr) Michael A. Ponsor (Snr) Patti B. Saris F. Dennis Saylor Leo T. Sorokin Richard G. Stearns Indira Talwani Mark L. Wolf (Snr) Douglas P. Woodlock (Snr) William G. Young United States District Court District of New Hampshire Paul J. Barbadoro 0 Joseph N. Laplante Steven J. McAuliffe (Snr) Landya B. McCafferty Federal Judges Association Current Members by Circuit as of 10/8/2020 United States District Court District of Puerto Rico Francisco Augusto Besosa 0 Pedro A. Delgado Hernandez Daniel R. Dominguez (Snr) Jay A. Garcia-Gregory (Snr) Gustavo A. Gelpi, Jr. Juan M. Perez-Gimenez (Snr) United States District Court District of Rhode Island Mary M. Lisi (Snr) 0 John J. McConnell, Jr. William E. Smith 2nd Circuit United States Court of Appeals for the Second Circuit Jose A. Cabranes 0 Guido Calabresi (Snr) Denny Chin Christopher F. Droney (Ret) Peter W. Hall Pierre N. Leval (Snr) Raymond J. Lohier, Jr. Gerard E. Lynch (Snr) Jon O. Newman (Snr) Barrington D. Parker, Jr. (Snr) Reena Raggi (Snr) Robert D. Sack (Snr) John M.
    [Show full text]