District of Massachusetts Senior Judge Edward F. Harrington rejected a motion to dismiss Savant’s monopolization allegations against Crestron and pledging to reconsider the arguments after discovery in a motion for summary judgment. According to the plaintiff Savant, Crestron, the largest supplier of programmable controllers for residential and commercial automation in the U.S., supplies about 2,500 […]
Category Archives: Section 2 Standards
Attack on MPEG Patent Pool Dismissed
December 14, 2010 – 1:39 pm
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 […]
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 […]
Monopolization Case Against United Airlines Dismissed
October 19, 2010 – 4:12 pm
DC FDC Judge Richard Leon has granted summary judgment in favor of United Airlines in a case alleging that the airline monopolized the market in non-stop flights from San Francisco to the Washington Dulles area. In a putative class action, the plaintiff alleged that United’s rules prohibiting resale of tickets restrained competition from the secondary […]
School Supply/Calendar Bundled Discount Case to Move Forward
October 14, 2010 – 5:30 pm
Central District of CA Judge Dean Pregerson MeadWestvaco’s motion to dismiss in a case filed by Blue Sky The Color of Imagination, a competitor in the market for dated products such as calendars and datebooks. Blue Sky alleged that Mead holds about 90% of the market and that by offering bundled discounts to stores that […]
EC Closes I-Phone Investigation
October 14, 2010 – 1:55 pm
In response to Apple’s decisions to permit cross border warranty service and permitting applications developers more freedom in selecting programming tools, the EC closed its investigation of the company’s I-phone-related practices.
Standing Question Certified for Review in Sanofi Case
October 14, 2010 – 9:38 am
District of NJ Judge Mary Cooper has issued an order certifying for interlocutory appeal her decision to deny defendant Sanofi’s motion to dismiss the claims against it on the ground that the plaintiff is a “mere distributor” and not a competitor. The court reasoned that there are substantial grounds for difference of opinion on the […]
Claim that Kitchenaid Monoplized Mixer Attachment Market Dismissed
September 15, 2010 – 4:42 pm
Update September 2010: The court again dismissed the complaint. Although the plaintiff amended the complaint to allege that Kitchenaid sells 80% of stand-up mixers and 90% of the beater attachments for mixers that are sold by the plaintiff, the court held that the complaint failed to identify harm to competition as opposed to harm to […]
Milk Monopolization Case to Move Forward
August 31, 2010 – 4:17 pm
Vermont District Court Judge Christina Reiss refused to dismiss attempted monopolization claims filed by dairy farmers against the Dairy Farmers of America, Inc. and Dean Foods Co. Although questions remained about the product market and whether the statute of limitations was met, the court found the allegations sufficient to move forward. The court did dismiss […]
Drug Wholesalers Claim Dismissed for Lack of Evidence of Market Power or Conspiracy
August 31, 2010 – 12:10 pm
Update August 2010: The Second Circuit has affirmed this decision. In RxUSA Wholesale Inc. v. Alcon Laboratories Inc. et al., Eastern District of New York Judge Denis R. Hurley has dismissed a $2.3 billion antitrust lawsuit accusing 16 pharmaceutical manufacturers and a group of drug distributors of conspiring to keep RxUSA Wholesale Inc., a secondary […]