Update December 2010: The court again dismissed the complaint, holding that Nero’s amended complaint still failed to allege sufficient facts to back up its allegations. Nero asserted that it would appeal the decision.
Central District of CA Judge Mariana Pfaelzer dismissed Nero AG’s monopolization case against the MPEG video compression technology patent for failing to state a claim. The complaint alleged that the patent pool members improperly extended the life of their patented technologies in part by including non-essential patents in the pool. The court based on the dismissal and Nero’s failure to allege facts to support the allegations, which the court found to be overly speculative.