In Credit Bureau Services Inc. v. Experian Information Solutions Inc. et al, California federal district court judge Jesus G. Bernal dismissed a proposed class action accusing the credit bureau Experian Information Solutions, Inc. of conspiring to monopolize the mortgage credit data market with report reseller CoreLogic Inc. The court held that the complaint failed to satisfy the Twombly […]
Author Archives: Steve Semeraro
Court Dismissed Baby Formula Additives Antitrust Suit
April 18, 2013 – 1:34 pm
In BNLfood Investment SARL v. Martek Biosciences Corp., Maryland District Judge William D. Quarles Jr. dismissed BNLfood Investment SARL’s antitrust suit against Martek Biosciences Corp., finding that BNLfood failed to prove that Martek had anti-competitive contracts that prevented BNLfood from entering the U.S. market for baby-food DHA and ARA additives. Belgium-based BNLfood accused its rival, […]
Patent Holder Seeks to Litigate Licensing Terms in State Court Under Recent Supreme Court Case
April 16, 2013 – 1:58 pm
In Gunn v. Minton, the United States Supreme Court held that patent-related legal malpractice suits should be heard in state court. Motorola has argued to the Federal Circuit that under the Court’s Gunn rationale that appellate court lacks jurisdiction over Apple’s appeal in a suit alleging that Motorola failed to license its patents on fair, […]
Court Dismissed All But Two Claims In Resin Monopoly Suit
April 1, 2013 – 10:19 am
In DSM Desotech Inc. v. 3D Systems Corp., Northern District of Illinois Judge Sharon Johnson Coleman dismissed allegations that 3D Systems Corp. tried to monopolize the market for 3D printing that construct three-dimensional objects with lasers. Desotech, a resin manufacturer, sued its rival 3D Systems, accusing it of trying to squeeze smaller competitors out of […]
Dismissed Price Cutting Dealer Lacked Antitrust Standing
March 25, 2013 – 9:56 am
In Gatt Communications Inc. v. PMC Associates LLC et al., the Second Circuit upheld the dismissal of a bid-rigging action against a radio dealer that sold to state and municipal entities. The court held that the plaintiff lacked antitrust standing under federal and state law. The plaintiff alleged that the non-party radio manufacturer organized a […]
ATM Case Against Visa & MasterCard Dismissed
March 25, 2013 – 9:55 am
In National ATM Council Inc. et al. v. Visa Inc. et al., District of Columbia Judge Amy B. Jackson dismissed consolidated antitrust class actions against Visa and MasterCard alleging that the two card networks conspired restrain ATM fee competition. The plaintiffs allege that the two networks blocked ATM providers from steering their customers to lower […]
Court Dismissed Pipe Fittings Price-Fixing Suit
March 22, 2013 – 1:55 pm
In Yates Construction Co. Inc. v. Sigma Corp. et al., New Jersey District Court Judge Anne E. Thompson dismissed, with leave to amend, a putative class action brought by indirect purchasers of ductile iron pipe fittings (DIPF) who accused McWane Inc. and other producers of fixing prices for the products. The proposed class sued McWane, […]
Refusal to License USB Patents Case to Move Forward
March 21, 2013 – 5:07 pm
In Lotes Co. Ltd. v. Hon Hai Precision Industry Co. Ltd. et al., Southern District of New York Judge Shira A. Scheindlin refused to dismiss a claim that Foxconn International Inc. anticompetitively refused to license standard-essential USB patents to a competitor on fair, reasonable and nondiscriminatory (FRAND) terms. Foxconn argued that the patented technology was […]
EU Finds that Drug Makers Violated Antitrust Laws by Slowing Generic Entry
March 21, 2013 – 5:06 pm
The European Commission has preliminarily concluded that Johnson & Johnson and Novartis violated EU antitrust law by agreeing to delay the introduction of the generic painkiller fentanyl. J&J agreed to make a reverse payment to delay entry of the generic for about 18 months. The commission will conduct additional analysis before reaching a final conclusion. […]
Court Denied Class Certification In Photochromic Lens MDL
March 19, 2013 – 1:59 pm
In In re: Photochromic Lens Antitrust Litigation, Florida Middle District Court Magistrate Judge Elizabeth A. Jenkins denied class certification to a group of direct purchasers in multidistrict antitrust litigation (MDL) accusing Transitions Optical Inc. of impeding competition in the photochromic lenses market. The MDL followed an FTC investigation that found that Transitions maintained a monopoly […]