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Blue Cross Blue Shield of
North Carolina Wins Summary Judgment.
Barry C. Harris, EI Principal and Board Chairman, was the
expert economist and testified at a deposition on liability and damages on
behalf of defendant Blue Cross Blue Shield of North Carolina (BCBSNC).
The principal allegations by plaintiffs involved BCBSNC’s refusal to
include them in the provider networks for its commercial health plans.
Plaintiffs claimed that BCBSNC used its alleged market power to
foreclose and eliminate competition in Mecklenburg County. Dr. Harris's
analysis showed that BCBSNC had no market power, foreclosure had not
occurred, competition had not been eliminated and the appropriate
antitrust geographic market was broader than Mecklenburg County.
Plaintiffs' antitrust claims were dismissed. Williams Mullen PC
represented BCBSNC. Dr. Harris was assisted by EI Vice President
Stephanie Mirrow.
Ormco Corporation Settles Patent Infringement Suit Against Align Technology.
EI Senior Vice President Richard Shin and EI Vice
President Gale Mosteller assisted Ormco Corporation in its
patent infringement suit against Align Technology. They
worked with attorneys from London & Mead, one of the law
firms representing Ormco. After the court had found Align
guilty of infringement, Drs. Shin and Mosteller analyzed
Align's opposition to an injunction that would have stopped
Align from selling the Invisalign System during the
remaining term of Ormco's patent. Shortly after the
submission of EI's report, the parties settled the lawsuit.
Copyright Industries Report Released.
The International Intellectual Property Alliance (IIPA)
released Copyright Industries in the U.S. Economy: The
2003-2007 Report, which was written by Stephen E. Siwek, an
EI Principal. This IIPA report reflects the recommended
statistical standards developed by the World Intellectual
Property Organization (WIPO) in 2003. It is the twelfth
economic report that Mr. Siwek has prepared for the IIPA
since 1990. The Report shows that the U.S. copyright
industries continue to outperform other U.S. industries, in
terms of their real annual growth rates and their
contribution to overall economic growth.
Additional Articles in December 2009 Issue of
Economists Ink
Merger Guidelines to be Reviewed
FERC Changes Its Approach in Two Price Manipulation Cases
Assessing Monopolization Claims in the Face of
Innovation
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