Nicole Daniel

DLA Piper Weiss-Tessbach (Vienna)
Lawyer (Associate)

Nicole is an Associate with DLA Piper Weiss Tessbach Attorneys at Law, Vienna, where she joined the Litigation & Regulatory Department in 2010. Her main practice areas are civil litigation, banking/finance and competition law. Since October 2012 she is a fellow at the Transatlantic Technology Law Forum established by Stanford Law School and the University of Vienna School of Law. She holds a Ph.D. degree from the University of Vienna School of Law (2015) and was awarded the Jean Monnet Prize for European Law 2016 for her doctoral thesis. Nicole wrote her doctoral thesis on the treatment of regulated networks in EU and U.S. antitrust law. She earned her LL.B. degree from King’s College London in "Law and German Law" in 2009. As part of her bachelor’s degree, Nicole spent an Erasmus year abroad at Humboldt University in Berlin in 2007-2008. Nicole also enrolled a number of antitrust related courses as part of her LL.M. degree in Competition Law at King’s College London in 2010. In 2008, she obtained a Mediator Certificate on "Alternative Dispute Resolution" at the International Summer School organized by Tulane Law School, New Orleans, and Humboldt University, Berlin. Nicole regularly publishes in the Transatlantic Technology Law Forum’s newsletter.

Articles

3507 Bulletin

Nicole Daniel Louisiana’s Attorney General sues a pharmaceutical company for violating antitrust rules by filing baseless citizen petitions to the US Food and Drug Administration in order to delay the entry of a generic medicament in the market (GlaxoSmithKline)

175

Louisiana’s Attorney General sues GlaxoSmithKline over delay of generic nasal spray* In December 2014 Louisiana’s attorney general (AG) filed a complaint against GlaxoSmithKline (GSK) alleging that GSK engaged in an anticompetitive scheme to delay the entry of a generic version of its Flonase (...)

Nicole Daniel The US District Court for the Southern District of New York approves a settlement which comprises three different scenarios in a cartel case in the e-books sector (Apple e-books)

66

Apple e-books settlement gets final court approval* On 21 November 2014 US District Judge Denise Cote gave her final approval to a settlement of the Apple e-book class action. The class action against Apple arose from allegations that Apple and five publishers conspired on the publishing (...)

Nicole Daniel The European Commission publishes a decision finding that request and enforcement of an injunction before a German court regarding a smartphone standard essential patent constituted an abuse of dominant position (Motorola Mobility)

277

Motorola Mobility won’t appeal the European Commission’s decision on patent licensing* Motorola Mobility (Motorola) has decided not to appeal the European Commission’s decision holding that it was abusing the way it licensed standard essential patents for mobile-phone standards. The Commission (...)

Nicole Daniel The European Commission receives an antitrust complaint concerning patent licensing practices engaged by an owner of numerous standard-essential patents on telecommunications standards (ZTE / Vringo)

128

ZTE files antitrust complaint with the European Commission against the patent-licensing practices of Vringo* On 18 June 2014 ZTE Corporation (ZTE) announced that it filed an antitrust complaint with the European Commission against Vringo Inc.’s (Vringo) patent-licensing practices. ZTE alleged (...)

Nicole Daniel A US District Court receives notification that the class plaintiffs, state plaintiffs and the defendant have reached an agreement concerning the lawsuit in the e-books prices fixing case (Apple)

107

Apple settles with U.S. states and consumers in the e-books price fixing case* According to documents filed in a New York court on 16 June 2014, Apple has reached an agreement in principle with state governments and consumers who filed a class-action lawsuit in the e-books price fixing case (...)

Nicole Daniel The EU General Court upholds the Commission’s decision finding that it had correctly demonstrated the anti-competitive nature of the exclusivity rebates granted by global manufacturer of computer processors (Intel)

104

General Court upholds the EU Commission’s decision against Intel* On 12 June 2014 the General Court published its decision in the Intel case thereby upholding the Commission’s 2009 decision finding that Intel had abused its dominant position and imposed a fine of EUR 1.06 billion. On 13 May (...)

Nicole Daniel The US FTC files an amicus brief in the Court of Appeals explaining that commitment not to compete raises the same antitrust concerns as the reverse-payment patent settlements (King Drug / SmithKlineBeecham)

151

U.S. FTC files an amicus brief in the Court of Appeal urging to reverse the District Court finding in the Lamictal Direct Purchase Antitrust Litigation* On 28 April, 2014 the Federal Trade Commission (“FTC”) filed an amicus brief in the Court of Appeals for the Third Circuit in the (...)

Nicole Daniel The US DoJ issues statement as regards the closing of an investigation into the use of a portfolio of standards-essential patents on the pursuit of obtaining exclusion orders from the US ITC relating to certain iPhone and iPad models (Samsung)

112

U.S. DOJ closes its investigation of Samsung’s use of its SEPs* On February 7, 2014 the Department of Justice (“DOJ”) issued a statement declaring that it closed its investigation into Samsung Electronics Co. Ltd.’s (“Samsung”) use of its Standards-Essential Patent (“SEP”) portfolio to license (...)

Nicole Daniel A US District Court dismisses an antitrust class action against two pharma producers regarding an agreement to postpone the production of a generic epilepsy and bipolar disorder drug because no reverse payment with cash was involved to keep the rival off the market (GSK / Teva)

71

U.S. District Court holds that Actavis requires monetary payments for antitrust scrutiny to be applicable* On January 24, 2014 U.S. District Judge William H. Walls dismissed an antitrust class action against GlaxoSmithKline LLC (“GSK”) and Teva Pharmaceutical Industries Ltd. (“Teva”) regarding (...)

Nicole Daniel The US ITC decides to review the entire final initial determination issued by the presiding administrative law judge concerning RAND defences and infringements of standard essential patents (LSI-Realtek 337)

48

U.S. ITC reviews the ALJ’s entire initial determination in the LSI-Realtek 337 case* On 17 October 2013 the International Trade Commission (ITC) issued a Notice determining that it will review the final initial determination (ID) issued by the presiding administrative law judge (ALJ) of 18 July (...)

Nicole Daniel A US District Court determines the RAND licensing rate per Wi-Fi chip while considering related issues such as hold-up, royalty stacking and reverse hold-up (Innovatio)

33

The second judicial determination of F/RAND rates* On 27 September 2013 the second judicial determination – after Judge Robart’s ruling in Microsoft v Motorola – on F/RAND royalty rates was handed down by Judge Holderman. Innovatio IP Ventures LLC owns several patents essential to the 802.11 (...)

Nicole Daniel The US District Court for the Southern District of New York establishes collusion to eliminate retail price competition for e-books and imposes restrictions on deals with publishers for the next five years (Apple)

360

U.S. District Court rules Apple colluded on E-Book Prices* On 10 July 2013 the District Court in Manhattan ruled in United States v. Apple Inc., et al that Apple conspired with five major publishers to raise prices on e-books. The publishers settled and denied any wrongdoing. However, the case (...)

Nicole Daniel The EU Court of Justice rules on the interpretation of the Commission’s decision concerning regional existing regional aid schemes for processing and marketing of German agricultural products (Magdeburger)

79

This decision by the Court of Justice concerns the interpretation of Article 2 of Commission Decision 1999/183/EC of 20 May 1998 regarding State aid granted on the basis of existing regional aid schemes for processing and marketing of German agricultural products. The preliminary reference has (...)

Nicole Daniel The EU Commission announces the finalization of preliminary investigation into E5 concerning the standardization process for future mobile communications services and the likelihood of competition foreclosure

107

European Commission closes preliminary investigation into E5* On 7 March 2013 the European Commission announced that it had closed its preliminary investigation into E5, i.e. Europe’s five leading telecom operators (Deutsche Telekom, France Telecom, Telefonica, Vodafone and Telecom Italia), (...)

Send a message