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Pennsylvania Considering “Leegin- Repealer” Legislation to Restore Per Se Treatment of Resale Price Maintenance
On March 14, 2013 Pennsylvania State Senator Stewart Greenleaf announced that he is reintroducing Senate Bill 1565 which, if enacted, would establish comprehensive antitrust legislation in Pennsylvania. The bill, which stalled in the judiciary committee in 2012, includes a provision that defines “Prohibited Acts” to include “(t)o contract, combine or conspire to establish a minimum price below which a retailer, wholesaler or distributor may not sell a commodity or service.” This prohibition could apply to minimum resale price maintenance (“RPM”)
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Federal Circuit Resolves Debate over Pleading Standard for Infringement of Design Patents
by John E. McCann, Jr., Robert S. Brennen on February 27, 2013
In a split decision, the United States Court of Appeals for the Federal Circuit has resolved the hotly debated issue of the proper standard for pleading infringement of a design patent in Hall v. Bed, Bath & Beyond, -- F.3d --, 2013 WL 276080 (Fed. Cir., Jan. 25, 2013).  Since the Supreme Court’s landmark decisions in Twombly/Iqbal, lower courts have debated the applicability of the heightened “plausibility” pleading standard in the context of complaints alleging infringement of design patents.  In
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