In Lenox MacLaren Surgical Corp. v. Medtronic Inc. et al., District of Colorado Judge Richard P. Matsch dismissed for failing to sufficiently allege anticompetitive harm. Lenox accused Medtronic of monopolizing the market for surgical bone mill devices by disparaging Lenox’s product. In dismissing Lenox’s suit, the court held that Lenox’s claims failed because they were […]
Author Archives: Steve Semeraro
Court Dismisses Antitrust Counterclaim in Converter Box Royalty Suit
June 27, 2013 – 4:07 pm
In MPEG LA LLC v. GXI International LLC, New York Supreme Court Judge Melvin L. Schweitzer dismissed GXI International LLC’s antitrust counterclaims in MPEG LA’s breach of contract action for allegedly unpaid patent royalties. MPEG LA manages a pool of patents covering the technology needed to make converter boxes that allow analog televisions to receive […]
Pay-for-Delay Challenge to Move Forward
June 27, 2013 – 9:16 am
In In re: Skelaxin (Metaxalone) Antitrust Litigation, Eastern District of Tennessee Judge Curtis L. Collier denied a motion to dismiss multidistrict litigation accusing King Pharmaceuticals, a Pfizer subsidiary, and Mutual Pharmaceutical Co. Inc. of conspiring to keep generic versions of the muscle relaxer drug Skelaxin off the market. In 2005, King and Mutual settled infringement […]
Federal Court Remands Reverse Payment Case to State Court
June 21, 2013 – 1:58 pm
In State of West Virginia v. Pfizer Inc. et al., District of West Virginia Judge Robert C. Chambers remanded, at West Virginia’s request, the state’s case alleging that Pfizer entered an anti-competitive settlement of a patent dispute with a generic Lipitor manufacturer and engaged in other anticompetitive conduct designed to delay the generic’s introduction into […]
EU Finds Google Too Aggressive in Attempt to Enforce Patents
June 21, 2013 – 1:56 pm
The European Commission issued a statement of objections to Google subsidiary Motorola Mobility indicating the Commission’s concern that the company may have abused its dominant market position when seeking to ban sales in Germany of Apple products that allegedly infringe Motorola’s standard essential mobile phone patents. In the EU, patented technology that manufacturers must use […]
Court Dismisses Antitrust Allegations Against C-SPAN
June 19, 2013 – 4:31 pm
In Sky Angel U.S. LLC v. National Cable Satellite Corp. d/b/a C-SPAN, District of Columbia Judge Rudolph Contreras dismissed Sky Angel’s antitrust suit against National Cable Satellite Corp. (C-SPAN). In its suit, Sky Angel, a Christian Internet television provider, claimed that C-SPAN violated §1 of the Sherman Act by pulling its programming from Sky Angel’s […]
Canada Files Price-Fixing Charges against Candy-Manufacturers and Executives
June 19, 2013 – 3:45 pm
Canadian antitrust authorities have charged candy manufacturers and distributors of fixing the price of chocolate candy. U.S. multidistrict litigation continues to examine the same issues. A Pennsylvania federal judge has certified a class of direct chocolate purchasers, and a putative class of indirect purchasers who bought chocolate for resale is seeking class certification.
EU Court Dismisses Antitrust Claims Against Microsoft
June 19, 2013 – 2:45 pm
In Omnis Group v. Commission, a European Union court upheld the European Commission’s refusal to pursue a Romanian software company’s antitrust complaint against Microsoft Corp. The company accused Microsoft of using software licensing deals with Romanian government to monopolize enterprise application software in the Romanian market. The EC rejected Omnis’ complaint and declined to open […]
FTC Moves to Block $2.8B Casino Deal
June 19, 2013 – 2:19 pm
In In the Matter of Pinnacle Entertainment Inc. and Ameristar Casinos Inc., the Federal Trade Commission moved to block Pinnacle Entertainment Inc. from buying Ameristar Casinos Inc. for $2.8 billion. In the proposed transaction, Pinnacle was to acquire Ameristar’s portfolio of eight casino resort properties. The Commission moved to block the deal because it was […]
DOJ Urges FCC to Ensure Broad Access to Low-frequency Spectrum in Upcoming Auctions
June 19, 2013 – 9:48 am
The Department of Justice, Antitrust Division, has asked the Federal Communications Commission to boost the ability of small wireless providers to compete in an upcoming auction of valuable low-frequency spectrum that is valuable because of its ability to penetrate obstacles. The Division argued that without protection, Verizon and AT&T could “foreclos[e] their rivals from access.” […]