In Expedite Inc. v. Plus Bags Cars & Serv LLC et al., Oregon District Judge John V. Acosta declined to dismiss a bid-rigging lawsuit brought by lost baggage delivery service, Expedite Inc., against its rival Plus Bags Cars & Serv LLC. Expedite accuses Plus of taking over a bidding service called DSI and using confidential […]
Category Archives: US Federal Courts
Court Dismisses Multi-user Monopolization Case Against Microsoft
April 23, 2013 – 12:32 pm
In MiniFrame Ltd. v Microsoft Corp, Southern District of New York judge Richard J. Sullivan dismissed the plaintiff’s case, concluding that Microsoft’s Windows licensing rules and entry into the multi-user market did not constitute anti-competitive conduct and predatory pricing. MiniFrame provides a service that enables multiple users to access a single PC. It argued that […]
Ninth Circuit Reinstates Restitution Claim Against Executive Convicted of Antitrust Violations
April 23, 2013 – 12:31 pm
In The Morning Star Packing Co. LP et al. v. U.S. District Court, Eastern District of California, the United States Court of Appeals for the Ninth Circuit held that the lower court had improperly denied a request for restitution by Morning Star under the Mandatory Victim Restitution Act (MVRA). The plaintiff claimed that it was […]
Supreme Court Blocks Tactic Intended to Keep Class Actions in State Court
April 22, 2013 – 10:18 am
In The Standard Fire Insurance Co. v. Greg Knowles, the United States Supreme Court held unanimously that named plaintiffs in a purported class action cannot bar federal jurisdiction by seeking less than $5 million in damages. Under the Class Action Fairness Act (CAFA), an action seeking more than $5 million in damages triggers federal court […]
Supreme Court Rejects Class Treatment Based on Damages Calculation
April 19, 2013 – 12:44 pm
In Comcast Corp. et al. v. Caroline Behrend et al, the United States Supreme Court held that the Third Circuit improperly failed to consider the class’s proposed damages model before certifying the class. In a split decision, the majority held that lower courts must consider the merits before certifying a class, when necessary, to ensure […]
Credit Bureau Conspiracy Case Dismissed
April 19, 2013 – 12:43 pm
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 […]
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, […]
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 […]
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 […]