In Actividentity Corp. v. Intercede Group PLC et al., Northern District of California Judge Vaugh R. Walker has refused to dismiss smart card maker Intercede Ltd.’s allegations that rival Actividentity Corp. monopolized the relevant market by failing to disclose to a standards-setting organization a patent covering technology for remotely updating the devices. The court held […]
Category Archives: Section 2 Standards
Failure to Disclose Patent to Standard Setting Organization Can Be Monopolization
October 15, 2009 – 11:44 am
EC Imposes One Billion Euro Fine on Intel
October 6, 2009 – 1:50 pm
Update Oct. 2009: Intel has appealed the EC’s fine to the European Court of First Instance. Update Sept. 2009: The European Commission has published a non-confidential version of its May 13, 2009 Intel Decision that found that Intel violated Article 82 by excluding competitors from the market for computer chips. Update July 2009: Intel has appealed this fine to the […]
MP3 Maker Claim Against Apple Dismissed
October 6, 2009 – 12:56 pm
In Luxpro Corp. v. Apple Inc., Western District of Arkansas Judge Harry F. Barnes handed down an order dismissing Taiwanese MP3 player maker Luxpro Corp.’s claims against Apple Inc., for attempted common law monopolization and for interfering with Luxpro’s business partners by sending letters demanding that they cease all business relations with Luxpro and filing groundless litigation. The […]
Hospitals May Maintain Exclusive Practice & Exclude Outside Doctors
October 6, 2009 – 12:53 pm
In Four Corners Nephrology Associates PC et al. v. Mercy Medical Center, Tenth Circuit Court of Appeals has affirmed a lower court’s decision, ruling that Colorado’s Mercy Medical Center did not break federal or state antitrust laws when it gave a single provider exclusive rights to in-house nephrology services, because the hospital had no antitrust […]
Dole Not a Pineapple Monopoly
October 6, 2009 – 12:49 pm
In In Re: Pineapple Antitrust Litigation, Southern District of New York Judge Richard M. Berman handed Del Monte Fresh Produce Co. an emphatic victory against retailers and consumers that had accused the company of exploiting monopoly power in the market for extra sweet pineapple by using sham patent litigation since 1996 to gain a stranglehold and […]
Court Upholds Jury Verdict Finding Petition in Opposition to Generic Drugs Baseless
September 21, 2009 – 3:25 pm
In Louisiana Drug Co. Inc. v. Sanofi-Aventis et al., Southern District of New York Judge Harold Baer Jr.refused to overturn a jury verdict or grant Louisiana Wholesale Drug Co. Inc. a new trial in an antitrust class action filed by the drug wholesaler. The case accused Sanofi-Aventis U.S. LLC of submitting a sham citizen petition to […]
Golf Package Monopolization Case Plaintiffs Must Show Inter-state Effects
September 10, 2009 – 9:41 am
In Mississippi Hotel & Lodging Association v. Mississippi Gulf Coast Golf Course Association et al., Southern District of Mississippi Judge Halil Suleyman Ozerden has refused to dismiss a Mississippi hotel group’s claim against a local golf association alleging that the association sought to monopolize the golf package and hotel market by deterring hotels from participating in the MHLA’s golf voucher program and by running […]
CFI Upholds Article 82 Ruling for Refusal to Supply
September 10, 2009 – 9:16 am
On Sept. 9, 2009, the European Court of First Instance (CFI) dismissed Clearstream’s challenge to an EC ruling that Clearstream Banking AG and its parent company Clearstream International SA violated Article 82 by refusing to supply clearing and settlement services to one of its customers and by applying discriminatory prices to that same customer.