Eastern District of Texas Judge Leonard Davis refused to dismiss Encore Wire Corp’s claim that competitor Southwire Inc. violated California state antitrust laws by lobbying for an industry standard without disclosing that it owned a patent that would be infringed by wire conforming to the standard. Southwire sought dismissal on the ground that the statute […]
Category Archives: Patent Litigation
Exclusive of Generic Drugs Monopolization Case Goes Forward
October 30, 2010 – 2:37 pm
Update October 2010:The court denied GSK’s request that it reconsider its decision to allow indirect purchaser claims to move forward. Update September 2010: Tracking his decisions in the direct purchaser case, Judge Stengel dismissed claims relating to one of GSK’s patents, but otherwise permit at least one state law claim to proceed for each […]
NCAA Standard for Lacrosse Stickhead Design Not Anticompetitive
August 27, 2010 – 3:54 pm
The Sixth Circuit has upheld the dismissal on the pleadings of lacrosse stick manufacturer Warrior Sports’s complaint alleging that the NCAA violated Section 1 of the Sherman Act by agreeing with Warrior’s competitors to adopt a new rule that prohibited the use of all of the stick models currently sold by Warrior. After meeting with […]
Fraud on Patent Office Claim to Move Forward
August 18, 2010 – 1:06 pm
District of Delaware Judge Joel Pisano refused to dismiss antitrust counterclaims filed by Daewoo in a patent infringement action filed by LG. LG alleged that Daewoo and other washer manufacturers were infringing four LG owned patents. Daewoo counterclaimed, arguing that the patents are invalid and their enforcement constitutes an antitrust violation because the patents were […]
Patent Challenge Dismissed Because Brand Market Too Narrow
August 18, 2010 – 12:58 pm
S.D. NY Judge Paul Gardephe has dismissed antitrust claims alleging that Bayer had used patents on the drugs Yasmin and Yaz anticompetitively. The court dismissed on the ground that the plaintiff’s alleged relevant markets based on the active ingredients in the drugs were irrationally narrow.
EU General Court Upholds Fine for Blocking Generic Drug Market Entry
August 12, 2010 – 2:00 pm
The EU General Court upheld the EC’s 2005 decision to fine AstraZeneca for abusing the patent system to delay they market entry of generic competitors for its ulcer drug Losec. The court reduced the fine from 60 euro to 53 euro, finding that the evidence was insufficient to prove wrong-doing in Denmark and Norway.
Mylan Antitrust Claim Against AstraZeneca Tossed
May 27, 2010 – 2:30 pm
Judge Barbara Jones, Southern District of New York, dismissed Mylan’s sham patent litigation allegations against AstraZeneca on the ground that the defendant’s patent enforcement litigation was supported by probable cause and thus could not give rise to antitrust liability.
Casino Game Antitrust Suit to Proceed to Trial
May 25, 2010 – 9:54 am
Update May 2010: Judge Sue L. Robinson, District of Delaware dismissed Bally’s antitrust counterclaims on the ground that successful patent litigation cannot give rise to antitrust liability. The case is currently pending appeal on the court’s conclusion that the patents were valid. Update: The trial judge has certified its decision on the validity of IGT’s […]
Generic Toprol-XL Litigation Goes Forward
April 19, 2010 – 3:27 pm
District of Delaware Judge Gregory Sleet refused to dismiss class action complaints filed by director purchasers and end-payors of AstraZeneca’s Toprol-XL. Plaintiffs alleged that the patent was obtained through inequitable conduct and that infringement litigation blocking the entry of a generic competitor was sham litigation. AstraZeneca argued that the delay was the result of the […]