In In re: TFT-LCD (Flat Panel) Antitrust Litigation, Northern District of California Judge Susan Illston has decided to allow some liquid crystal display manufacturers charged with price fixing to assert a pass-on defense. The defense contends that the plaintiffs cannot recover damages because they passed on alleged overcharges to their customers. Although the pass-on defense […]
Category Archives: US Federal Courts
Flat Panel Antitrust Litigation Judge Allows Pass-On Defense Under State Law
February 5, 2013 – 6:25 pm
False Advertising Claim Based on Amazon Use of App Store Dismissed, but Trademark Litigation Continues
February 5, 2013 – 11:37 am
In Apple Inc. v. Amazon.com Inc., Northern District of California Judge Phyllis Hamilton dismissed a false advertising claim in which Apple accused Amazon of infringing its “App Store” mark. Amazon used that name to describe a section of its website selling applications for Android devices. Apple alleged that the use of use of the mark […]
Court Denies Motion to Dismiss Steel Distributor’s Boycott Suit
January 29, 2013 – 11:22 am
In MM Steel LP v. Reliance Steel & Aluminum Co. et al., Southern District of Texas Judge Kenneth M. Hoyt, denied a motion to dismiss a suit filed by MM Steel LP, a steel distributor, accusing a group of steel distributors and producers of conspiring to boycott MM Steel and drive it from the market. […]
Court Denies Motions to Dismiss In Coating Seller’s Antitrust Suit
January 28, 2013 – 12:10 pm
In JTS Choice Enterprises Inc. v. E.I. Du Pont De Nemours and Co. et al., Colorado District Court Judge William J. Martinez denied motions to dismiss filed by DuPont Co. and Metro Paint Supplies Inc. in an antitrust suit filed by JTS Choice Enterprises Inc., accusing DuPont of using its market power to wrongfully divert […]
Court Rejects Double Recovery Claim In LCD Antitrust MDL
January 28, 2013 – 11:42 am
In Rockwell Automation Inc v. AU Optronics Corporation et al., Northern District of California Judge Susan Illston rejected LG Display Co. Ltd.’s argument that Rockwell Automation Inc.’s state price-fixing claims would lead to duplicative recovery in the multidistrict litigation over liquid crystal display panels. LG brought counterclaims and affirmative defenses against Rockwell’s Wisconsin state law […]
Court Dismisses Antitrust Suit Against OPEC for Lack of Proper Service
January 24, 2013 – 5:06 pm
In Freedom Watch Inc. v. Organization of the Petroleum Exporting Countries, District of Columbia Judge Reggie B. Walton dismissed the latest antitrust lawsuit against the Organization of the Petroleum Exporting Countries, holding that plaintiff Freedom Watch, Inc. did not properly serve OPEC. In its suit, Freedom Watch accused OPEC of violating U.S. law by fixing […]
Court Dismisses the Claims of the Last Two Plaintiffs In An Antitrust Suit Against Wholesale Grocery Suppliers
January 24, 2013 – 2:33 pm
In Wholesale Grocery Products Antitrust Litigation, Minnesota District Court Judge Ann D. Montgomery granted defendants’ motion for summary judgment, and dismissed the claims of the last two plaintiffs in a suit alleging wholesale grocery suppliers SuperValu Inc. and C&S Wholesale Grocers Inc. conspired to inflate prices by entering into a non-compete agreement. The consolidated antitrust […]
Class Action Challenging Baseball and Hockey Television Deals to Move Forward
January 24, 2013 – 10:35 am
In Laumann et al. v. National Hockey League et al Southern District of New York Judge Shira A. Scheindlin allowed class actions to move forward against the National Hockey League, Major League Baseball, and television providers Comcast and DirecTV relating to their control of sports broadcasts. The class members are purchasers of baseball and hockey […]
Court Approves the Settlement of “Post-It” Trademark Infringement Suit
January 23, 2013 – 11:28 am
In 3M v. Unemployed Philosophers Inc., Minnesota District Court entered a consent judgment that ends 3M Co.’s trademark and unfair competition suit against Unemployed Philosophers Inc. over Unemployed Philosophers’ use of 3M’s “Post-It,” “Post,” and “Its” trademarks in naming several of Unemployed Philosophers’ products. Under the terms of the consent judgment, which is part of a […]