Category Archives: US Federal Courts

Court Tosses Body Armor Antitrust Case, Finding Lack of Power to Monopolize the Thriving Market

In Kolon Industries v. E.I. du Pont de Nemours, Eastern District of Virginia Judge Robert E. Payne threw out an antitrust suit brought by Kolon Industries Inc., accusing E.I. Du Pont De Nemours and Co. of monopolizing the market for synthetic body armor fiber.  The court granted Du Pont’s motion for summary judgment, holding that […]

Sirius/XM Launches Antitrust Attack on Music Licensors

Sirius/XM has filed suit in New York federal court against SoundExchange, Inc., a copyright collective that represents thousands of labels and artists.  The plaintiff asks the court to dissolve SoundExchange or put in place a long-term oversight program.  The suit comes amid negotiations over rates that the Copyright Royalty Board (CRB) will set for a […]

Court Grants TRO Blocking Reebok’s Sale of Tebow NYJ Jerseys

New York federal court judge, Kevin Castel, granted a temporary restraining order barring Reebok, a unit of Adidas AG, from selling Tim Tebow New York Jets jerseys.  “The public demand for such Tebow-Jets products spans the entire U.S.,” plaintiff Nike alleged, has led Reebok “to illegitimately seize on this unique and short-lived consumer opportunity.”  Nike […]

Vehicle Lights Pricing Conspiracy Suit Gets the Green Light

In U.S. v. Hsu, Northern District of California Judge Richard Seeborg, denied a motion brought by defendants Eagle Eyes, E-Lite Automotive, Inc., and two top Eagle Eyes’ executives, to dismiss an indictment against them for conspiring to fix prices for replacement vehicle lights.  According to the indictment, defendants participated in the conspiracy to set rates […]

Botox Rival Barred From Selling Its Products After Employees’ Trade Secret Theft

In Allergan Inc. v. Merz Pharmaceuticals LLC et al., Central District of California Judge Andrew J. Guilford barred Botox competitor, Merz Pharmaceuticals LLC, from selling wrinkle-reducing drug Xeomin.  Botox maker, Allergan Inc., filed the case accusing seven of its former employees and Merz, of misappropriating trade secrets and violating the Lanham Act.  In its suit, […]

Predatory Pricing Claims Could Not Be Supported in the Army Camouflage Monopoly Suit

In GMA Cover Corp. v. Saab Barracuda LLC, U.S. District Court for the Eastern District of Michigan Judge Mark A. Goldsmith adopted U.S. Magistrate Judge Paul J. Komives’ report, tossing a suit that accused Saab Barracuda LLC of manipulating prices of camouflage nets it sold the U.S. Army.  In its suit, Saab’s rival, GMA Cover […]

Sixth Circuit Affirms Dismissal Antitrust Challenge to the States’ Tobacco Settlement

The Sixth Circuit Court of Appeals has affirmed the dismissal of a defunct tobacco manufacturer’s antitrust lawsuit against the 1998 master settlement agreement between states and tobacco companies.  The plaintiff, Vibo Corp. dba General Tobacco, claimed that the other tobacco companies’ successfully lobbied the state attorneys general to block General Tobacco from amending its settlement […]

Property Management Software Maker Is Subject to Tying Claims Concerning Cloud Services

Central District of California federal judge Otis D. Wright II denied RealPage Inc.’s, a property management accounting software seller, motion to dismiss a defensive claim that an accounting software vendor illegally tied its software by prohibiting customers from using competitors’ cloud database systems.  RealPage filed the counterclaims in Yardi Systems Inc.’s lawsuit against it, which […]

Photo Lab Repair Servicer Loses Bid to Enjoin Fujifilm North America’s Work for Rite Aid Photo Labs

District of Oregon federal judge Michael H. Simon denied Retail Imaging Management Group’s emergency motion for a temporary restraining order against Fujifilm North America’s repair services at Rite Aid photo labs, finding no strong evidence that Fujifilm engaged in exclusionary pricing by bundling services, including Rite Aid’s call center service work, at below cost in […]

Pfizer Faces Suit by Health Plans Regarding Its Efforts to Delay Generic Lipitor

Pfizer has been sued in a putative class action in the Southern District of New York by a group of health and welfare benefit plans who claim that Pfizer filed sham patent applications and colluded with Ranbaxy Inc. to delay the introduction of generic competitors to its cholesterol treatment Lipitor.  The complaint alleges that Pfizer […]