In TruePosition Inc. v. LM Ericsson Telephone Co. et al., Eastern District of Pennsylvania Judge Robert F. Kelly refused to dismiss TruePosition Inc.’s antitrust suit against Qualcomm Inc., LM Ericsson Telephone Co., and Alcatel-Lucent SA. TruePosition accused the defendants of conspiring to use their influence within two standard setting organizations (SSOs), the European Telecommunication Standards […]
Author Archives: Steve Semeraro
Antitrust Challenge Filed Against Drug Discount Abuse Scheme
December 7, 2012 – 5:36 pm
In The Vaccine Center LLC v. GlaxoSmithKline LLC et al., a Nevada clinic has sued in the District of Nevada alleging that GlaxoSmithKline LLC, nonprofit Apexus Inc., and a public health agency conspired to violate the antitrust laws by abusing a federal drug-discount program. The plaintiffs claim that the Southern Nevada Health District abuses its nonprofit […]
Court Denies Summary Judgment In LCD Panel Antitrust Suit
November 30, 2012 – 1:42 pm
In In re: TFT-LCD Flat Panel Antitrust Litigation, Northern District of California Judge Susan Illston denied two motions for partial summary judgment, filed by several electronics makers in order to nix LCD multidistrict litigation price-fixing claims against them. Some of the largest electronics retailers in theU.S., such as Target Corp., Best Buy Co. Inc., and […]
Hertz Agrees to Sell Some of Its Holdings to Relieve FTC’s Antitrust Concerns
November 30, 2012 – 1:18 pm
After the Federal Trade Commission’s investigation of Hertz Global Holdings, Inc.’s purchase of Dollar Thrifty Automotive Group Inc., the FTC announced that the parties entered into a settlement, where Hertz will sell some of its holdings in order to relieve FTC’s antitrust concerns. FTC began its investigation of the purchase out of fears that the […]
Court Denies Summary Judgment in Flat Glass Window Price-Fixing Suit
November 28, 2012 – 11:10 am
In Jeld-Wen Inc. v. AGC America et al., Western District of Pennsylvania Judge Donetta W. Ambrose denied AGC America Inc. and Guardian Industries Corp.’s motion for summary judgment, allowing door and window manufacturer Jeld-Wen Inc. to present its price-fixing claims to the jury. Jeld-Wen sued AGC and five other flat glass manufacturers, claiming that between […]
Court Denies Summary Judgment in “Yummi” Trademark Infringement Dispute
November 28, 2012 – 10:44 am
In Hero Nutritionals LLC v. Nutraceutical Corp. et al., Central District of California Judge Andrew J. Guilford denied Nutraceutical Corp.’s motion for summary judgment, holding that there was enough of a dispute to keep alive Hero Nutritionals LLC’s trademark infringement and unfair competision claims against Nutraceutical. Hero sued Nutraceuticals for trademark infringement and unfair competition, […]
New Challenge to Exclusive NFL Apparel License
November 17, 2012 – 12:39 pm
In Patrick Dang v. San Francisco Forty Niners Ltd., the plaintiff has filed a putative class action in the Northern District of California alleging that the exclusive license between the NFL, NFL teams, and sports apparel maker Reebok International Ltd. monopolized the market for team apparel. Although that agreement has expired, the NFL currently has […]
New Group of Student-Athlete Plaintiffs Allege Market in Student Athlete Labor
November 17, 2012 – 12:36 pm
In Rock v. National Collegiate Athletic Association, a class of former college athletes filed suit in the Southern District of Indiana arguing that they have corrected the defects in a prior case and alleged facts sufficient to establish a relevant antitrust market in student athlete labor. The complaint alleges that the NCAA restrained competition in […]
Trade Dress Infringement Case Between Drug-Testing Competitors to Move Forward
November 17, 2012 – 12:34 pm
In Millennium Laboratories Inc. v. Ameritox Ltd., Southern District of California judge Michael M. Anello refused to dismiss a trademark infringement and unfair competition suit against drug-testing firm Ameritox Ltd. Millennium Laboratories Inc., Ameritox’s competitor, filed the action alleging that Ameritox intentionally copied Millennium’s diagnostic report format. The reports are used to notify physicians of […]