We have been extensively examining the license restriction situation and have had a discussion on license restrictions with the Federal Trade Commission. We are at this time of the view that those who hold dominant positions in the diagnostic imaging market and seek to enforce license restrictions only when the relationship is not a strategic relationship, leave themselves open to the contention that their activities are not appropriate. We are continuing to look at the issue. If you have any information concerning this type of activity, please feel free to let us know.
President Upton and General Counsel Robert Kerwin met with the Head of DG Comp’s Antitrust Pharma and Health Services in Brussels last month and discussed our view that Directive 2009/24/EC and the 2012 ECJ decision UsedSoft GmbH vs. Oracle made clear in the EC that a first sale exhausted the right to restrict licenses to subsequent acquirers.
We are circulating proposed changes k for consideration by the membership. Your voice is important to us. Please give us your comments, proposed changes, if any and offer any other changes. This is perhaps the first time in almost 25 years. That we are suggesting proposed changes is in light of the fact (as the Nobel Prize recipient Bob Dylan notes) the ‘times they are a changin’. Chief among the proposed changes will be an expansion of the scope of the type of complaints which may be considered including complaints for possible unfair and deceptive and anti-competitive behavior.
Varian Medical Systems’ imaging components business announced an agreement to acquire PerkinElmer’s medical imaging business for $276 million. In addition, the components business will become an independent public company called Varex Imaging Corporation in January 2017. PerkinElmer’s medical imaging business is a supplier of digital flat-panel X-ray detectors that can be used for industrial, medical, dental and veterinary X-ray systems.
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