Update April 2010: The court denied Philips motion to reconsider and responded to Philips’ argument that it could not make its patent misuse defense without discovery on the antitrust claims by bifurcating and staying discovery on Philips patent misuse as well. Update March 2010: The court has agreed to postpone consideration of Philips antitrust counterclaims pending […]
Category Archives: Section 2 Standards
AT&T Is Restrained From Continuing Its Allegedly Predatory Pricing Programs
May 25, 2010 – 12:30 pm
Update May 2010: The Fifth Circuit overturned the preliminary injunction and granted AT&T’s motion to dismiss on the ground that the federal courts lack subject matter jurisdiction to review the content of interconnection agreements governed by state law. Update December 2009: Judge Solis denied AT&T’s motion to dismiss & converted the TRO into a PI. […]
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 […]
Drug Retailers Allege Conspiracy to Block Generic Provigil
March 20, 2010 – 3:32 pm
Update March 2011: The court granted plaintiff Apotex’s motion for a declaratory judgment of non-infringement on one of the two patents-in-suit despite the defendant’s admisison of non-infringement. The court commented that a ruling on both patents-in-suit was required to trigger the 180 day exclusivity period under the Hatch-Waxman Act. Update Spring 2010: E.D. PA Judge […]
AT&T Exclusive Phone, TV, Internet Deals with Apartment Buildings Not Anticompetitive
February 27, 2010 – 9:57 pm
The Fifth Circuit has rejected a class challenge to AT&T exclusive dealing agreements with buildings to provide a so-called Triple Play of telephone, internet, and television services. The court rejected the claim on the ground that the plaintiffs allegation that a single apartment building could constitute a relevant geographic market was too narrow. Although plaintiffs […]
Court Rejects Attempt to Dismiss Novir Antitrust Suit
February 8, 2010 – 5:51 pm
Update September 2010: The Ninth Circuit has denied Abbott’s petition for writ of mandamus seeking the dismissal of the antitrust claims against it. In Rite Aid Corp. et al. v. Abbott Laboratories; and Safeway Inc. et al. v. Abbott Laboratories, Northern California District Judge Claudia Wilken denied Abbott’s omnibus motion to dismiss plaintiffs’ claims based […]