Central District of California federal judge David O. Carter dismissed MGA Entertainment Inc.’s claims that Mattel Inc. attempted to sabotage its Bratz doll line, ruling that MGA’s lawsuit against Mattel relied on the same factual allegations that were raised during a 2010 trial resolving an intellectual property dispute over the Bratz doll line. The new […]
Category Archives: US Federal Courts
MGA’s Antitrust Claims Against Mattel Over Bratz Doll Dismissed While IP Dispute Continues
March 2, 2012 – 3:50 pm
Post-trial Motions Rejected in High Stakes Kevlar Litigation; Antitrust Claims to be Tested Next
March 2, 2012 – 3:49 pm
Eastern District of Virginia federal judge Robert E. Payne denied two separate post-trial motions lodged by Kolon challenging the jury’s $920 million verdict in favor of DuPont for theft of trade secrets concerning Kevlar armor products. The court found sufficient evidence for a reasonable jury to have found in DuPont’s favor on its trade secret […]
Motion to Dismiss Denied in Credit Card Arbitration Conspiracy Case
March 2, 2012 – 3:43 pm
Southern District of New York federal judge U.S. District Judge Willam H. Pauley denied Discover Bank and Citigroup Inc.’s motion to dismiss claims in multidistrict litigation claiming that credit card issuers conspired to insert anti-competitive arbitration clauses in their customer agreements. Citigroup and Discover are the only remaining defendants in a case alleging that the […]
Pleading Standards Do Not Require Identification of Lost Profits or Injured Competitors, Ohio Court Rules
March 2, 2012 – 3:42 pm
Northern District of Ohio federal judge John Adams denied Checkpoint Systems Inc. motion to dismiss Universal Surveillance Systems’ complaint because the allegations adequately alleged that the defendant’s anti-competitive behavior drove up prices for security tags. Checkpoint, a leading supplier of security labels, argued that the Twombly pleading standards require plaintiffs to specifically identify the lost […]
FTC Challenges Lundbeck Drug Acquisition in Eighth Circuit
August 31, 2011 – 10:27 am
Update August 2011: The Eighth Circuit affirmed, holding that the FTC failed to show that the lower court’s findings of fact were clearly erroneous. In particular, the court held that the FTC failed to show that the hospitals actually paying for the drugs in question directly influenced the doctors’ choice of which drug to prescribe. […]
Catheter Class Action Dismissal Affirmed on Appeal
August 5, 2011 – 11:49 am
Update August 2011: The Eighth Circuit has denied rehearing en banc. Update June 2011: In a divided decision, the Eighth Circuit on rehearing affirmed its decision upholding summary judgment for CR Bard on the ground that the plaintiff failed to allege sufficiently a relevant sub-market. Update October 2010: The Eighth Circuit panel has agreed to […]
Generics vs. Prilosec Lawsuit Dismissed by SDNY
July 20, 2011 – 2:29 pm
Southern District of New York Judge P. Kevin Castel dismissed a class action complaint against the sellers of Prilosec for failure to allege a plausible relevant product market. American Sales Co. Inc.’s proposed class action alleges AstraZeneca AB and The Procter & Gamble Co. initiated sham patent suits in order to perpetuate an unlawful monopoly […]
Gallery’s Antitrust and Trade Disparagement Claims Dismissed
July 20, 2011 – 2:23 pm
Southern District of New York Judge Barbara S. Jones dismissed a lawsuit accusing Marlborough Gallery Inc. of an attempt to monopolize and unfairly eliminate competition for the ceramic works of artist Chu Teh-Chun. In the lawsuit, SARL Galerie Enrico Navarra alleged that Marlborough sought to discredit the gallery and the reproductions of ceramic plates it […]