Third Circuit Subjects Reverse Payments to Strict Antitrust Scrutiny By Jie Zhang – Edited by Charlie Stiernberg In Re: K-Dur Antitrust Litigation, No. 10-2077 (3d Cir. July 16, 2012) Slip opinion The Third Circuit Court of Appeals reversed the summary judgment of the United States District Court for the District of New Jersey, which had rejected an antitrust challenge to a reverse payment agreement between the K-Dur patent holder Schering-Plough Corporation (“Schering”) and the generic drug manufacturer Upsher-Smith Laboratories (“Upsher”) ... Read More...

By Susanna Lichter FTC Proposes Stricter Rules for Web Sites Visited by Children The Federal Trade Commission recently proposed new regulations that would require third party advertising applications to comply with the Children’s Online Privacy Protection Act (COPPA), the New York Times reports. COPPA, which took effect in 2000, currently requires web site operators, but not website add-ons, to notify parents and obtain consent when personal information is collected from children under 13 years of age. In addition to extending ... Read More...

Fourth Circuit Holds that Violating Employer’s Computer Use Restrictions Is Not a CFAA Violation By Andrew Crocker – Edited by Michael Hoven WEC Carolina Energy Solutions, LLC v. Miller, No. 11-1201 (4th Cir. Jul. 26, 2012) Slip opinion On July 26, the Court of Appeals for the Fourth Circuit affirmed the South Carolina District Court in holding that Willie Miller’s violation of his employer WEC’s use restrictions on its proprietary computer systems and information was not a violation of the ... Read More...