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 […]
Category Archives: US Federal Courts
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 […]
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 […]
U.S. Supreme Court Allows Attack on Loyalty Discounts to Move Forward
June 19, 2013 – 9:47 am
In Eaton Corp. v. ZF Meritor LLC et al., the U.S. Supreme Court denied certiorari, refusing to review a Third Circuit decision upholding the imposition of antitrust liability on a truck transmission manufacturer for encouraging its customers to deal with it exclusively by offering low prices. Most federal circuit courts that have considered whether loyalty […]
Ninth Circuit Dismisses Robotic Insect Toy Antitrust Suit For Lack of Personal Jurisdiction
May 29, 2013 – 6:18 pm
In MGA Entertainment Inc. v. Innovation First Inc. et al., the Ninth Circuit Court of Appeals affirmed a lower court ruling dismissing MGA Entertainment Inc.’s lawsuit accusing Innovation First Inc. (IFI) of engaging in an anti-competitive scheme by making false statements about the design for the Hexbug Nano, for lack of personal jurisdiction. In its suit, […]
Court Dismisses Airport Duty-Free Retailers’ Antitrust Suit
May 29, 2013 – 5:19 pm
In Duty Free Americas Inc. v. Estee Lauder Cos. Inc., Southern District of Florida Judge Robert N. Scola dismissed Duty Free Americas Inc. (DFA)’s suit accusing Estee Lauder Cos. Inc. (ELC) of attempting to force it out of the airport retail business and monopolize the beauty product market in duty-free stores. DFA, which operates duty-free stores in […]
Court Allows Investors To Amend Antitrust Injury Claims In Libor MDL
May 29, 2013 – 4:07 pm
In In re: Libor-Based Financial Instruments Antitrust Litigation, Southern District of New York Judge Naomi Riece Buchwald allowed three groups of plaintiffs to move to revive their allegations that Bank of America Corp., JPMorgan Chase & Co., and other top banks violated the Sherman Act and cost plaintiffs billions of dollars by rigging the London […]
Court Finds Waiver of Right to Jury Trial in Major Antitrust Damages Case
May 22, 2013 – 7:34 am
In State of Texas et al. v. Penguin Group USA Inc. et al., Southern District of New York Judge Denise Cote has ruled that Penguin Group USA Inc. waived its right to a jury trial on damages claims brought by a group of 30 states against Apple and several publishing companies for fixing e-book prices. […]
Court Enjoins Labeling Designed to Make Shelf Stable Products Appear Fresh
May 21, 2013 – 5:29 pm
In Fresh Del Monte Produce Inc. v. Del Monte Foods Co., Southern District of New York Judge Sidney H. Stein enjoined Del Monte Corp. from mislabeling products in a fashion designed to suggest that they contain fresh fruit when in fact the products do not. The injunction comes approximately one year after a jury awarded […]
Second Circuit Rules that Former Telecom Monopolists Must Cut Network Interconnection Rates for Smaller Competitors
May 13, 2013 – 4:25 pm
In Southern New England Telephone v. Palermino et al., the Second Circuit ruled that former telecommunications monopolists including an AT&T Inc. subsidiary, Southern New England Telephone Co., must offer lower, regulated rates for network interconnection services to smaller carriers and new entrants into the field. In November 2009, Southern New England Telephone filed the present […]