Sirius/XM has filed suit in New York federal court against SoundExchange, Inc., a copyright collective that represents thousands of labels and artists. The plaintiff asks the court to dissolve SoundExchange or put in place a long-term oversight program. The suit comes amid negotiations over rates that the Copyright Royalty Board (CRB) will set for a […]
Category Archives: Section 2 Standards
Airport Services Anttirust Case Rejected
April 3, 2012 – 11:27 am
Judge Richard P. Matsch granted summary judgment to Montrose County rejecting JetAway’s allegation that the county acted anticompetitively in awarding rival Jet Center Partners LLC a contract to operate the county’s small airport. The plaintiff alleged the count engaged in bid rigging by awarding the contract before issuing the RFP. But the court held that […]
Pfizer Faces Suit by Health Plans Regarding Its Efforts to Delay Generic Lipitor
March 2, 2012 – 3:52 pm
Pfizer has been sued in a putative class action in the Southern District of New York by a group of health and welfare benefit plans who claim that Pfizer filed sham patent applications and colluded with Ranbaxy Inc. to delay the introduction of generic competitors to its cholesterol treatment Lipitor. The complaint alleges that Pfizer […]
MGA’s Antitrust Claims Against Mattel Over Bratz Doll Dismissed While IP Dispute Continues
March 2, 2012 – 3:50 pm
Central District of California federal judge David O. Carter dismissed MGA Entertainment Inc.’s claims that Mattel Inc. attempted to sabotage its Bratz doll line, ruling that MGA’s lawsuit against Mattel relied on the same factual allegations that were raised during a 2010 trial resolving an intellectual property dispute over the Bratz doll line. The new […]
Catheter Class Action Dismissal Affirmed on Appeal
August 5, 2011 – 11:49 am
Update August 2011: The Eighth Circuit has denied rehearing en banc. Update June 2011: In a divided decision, the Eighth Circuit on rehearing affirmed its decision upholding summary judgment for CR Bard on the ground that the plaintiff failed to allege sufficiently a relevant sub-market. Update October 2010: The Eighth Circuit panel has agreed to […]
Gallery’s Antitrust and Trade Disparagement Claims Dismissed
July 20, 2011 – 2:23 pm
Southern District of New York Judge Barbara S. Jones dismissed a lawsuit accusing Marlborough Gallery Inc. of an attempt to monopolize and unfairly eliminate competition for the ceramic works of artist Chu Teh-Chun. In the lawsuit, SARL Galerie Enrico Navarra alleged that Marlborough sought to discredit the gallery and the reproductions of ceramic plates it […]
Antitrust Class Action Against Apple Dismissed
July 20, 2011 – 2:22 pm
Northern District of California Judge James Ware has dismissed with prejudice a putative class action alleging that Apple Inc. violated the antitrust laws by updating its iTunes media player software to thwart programs that would have removed encryption from music files sold through the iTunes Music Store. The suit, filed on behalf of Itunes music […]
Motions to Dismiss Denied in Prosthetics Gel Liner Patent Case
July 7, 2011 – 5:25 pm
Southern District of Ohio Judge Edmund A. Sargus, Jr., denied motions to dismiss a complaint against prosthetics maker The Ohio Willow Wood Co. Inc. and inventor Bruce Kania, rejecting the defendants’ argument that the suit failed to state a claim under Section 1 of the Sherman Act because it alleges harm caused by patent enforcement. […]
Organic Farmers Seek to Invalidate Monsanto’s Genetically-Modified Seed Patents
July 7, 2011 – 5:23 pm
The Public Patent Foundation has filed suit in federal court in the Southern District of New York seeking to invalidate, on antitrust and other grounds, more than twenty Monsanto Company patents involving genetically- modified seed. The suit was filed on behalf of numerous organic farmers, seed businesses, and agricultural groups that do not want to use genetically […]