Antitrust Claim Based on Nike/Apple Joint Venture Dismissed

In Cherdak v. Vock et al., Eastern District of Virginia Judge Liam O’Grady dismissed antitrust claims filed by an inventor against Apple, Nike, and PhatRat.  The plaintiff alleged that a fitness monitoring system sold by Apple and Nike infringed his patents.  Apple and Nike licensed patent rights from PhatRat, a company that, the plaintiff alleged, misled the USPTO to grant it patents infringing the defendants.
The court held that the complaint failed to allege fraud on the patent office, explaining that “[t]he antitrust laws are directed at protecting market competition, not at protecting the inherent monopoly power and benefits provided under intellectual property laws.”  The court permitted the patent infringement claim to proceed.

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