In In re: Sulfuric Acid Antitrust Litigation, the U.S. Court of Appeals for the Seventh Circuit dismissed an antitrust class action filed by sulfuric acid purchasers, accusing U.S. and Canadian sulfuric acid mining companies of price-fixing by entering into deals where the U.S. companies agreed to distribute Canadian sulfuric acid and shut down or curtail […]
Category Archives: US Federal Courts
FCC Rule Requiring Cell Phone Providers to Sell Internet Access to Competitors on Commercially Reasonable Terms Upheld
January 23, 2013 – 9:02 am
In Cellco Partnership vs. Federal Communications Commission et al., a panel of the District of Columbia Circuit rejected Verizon’s challenge to an FCC rule that required mobile internet providers to negotiate roaming agreements with their rivals. The rule was intended to enable cell phone users to access the internet in areas not served by their […]
Respirator Manufacturer Violates Antitrust Laws by Enforcing Patents Obtained by Fraud
January 23, 2013 – 9:01 am
In Transweb LLC v. 3M Innovative Properties Co. et al., a District of New Jersey jury found that defendant 3M Innovative Properties attempted to enforce two patents that it had obtained by fraud and violated the antitrust laws. The plaintiff, a supplier of filtration materials and 3Ms only competitor for certain government certified respirators, had […]
Follow-on Class Action Against Michigan Blue Cross/Shield to Move Forward
January 23, 2013 – 9:00 am
In The Shane Group Inc. et al. v. Blue Cross Blue Shield of Michigan, Eastern District of Michigan Judge Denise Page Hood has ruled that a proposed class action may move forward. The putative class claims the health insurance company included anticompetitive most-favored-nation (MFN) provisions in its hospital contracts that required the hospitals to charge […]
Court Dismisses Petition Over 2010 NFL Secret Salary Caps
January 22, 2013 – 3:12 pm
In Reggie White et al. v. National Football League, Minnesota District Court Judge David S. Doty, dismissed a petition filed by the NFL Players’ Association, claiming that the NFL and team owners conspired to set secret salary caps during the uncapped 2010 season. The NFLPA filed its petition in May contending that the owners violated a […]
Pennsylvania Governor Sues NCAA Over Sanctions Against Penn State
January 22, 2013 – 2:50 pm
In Commonwealth of Pennsylvania, Thomas W. Corbett Jr., Governor v. National Collegiate Athletic Association,Pennsylvania’s governor, Thomas W. Corbett filed suit against NCAA, claiming the NCAA’s sanctions against Pennsylvania State University (“Penn State”) in response to the sexual abuse scandal surrounding former assistant football coach Jerry Sandusky, violated antitrust laws and would cause dire economic harm […]
Claim that Facebook Stole Advertising Customers Dismissed
January 21, 2013 – 6:25 pm
In Sambreel Holdings LLC et al. v. Facebook Inc., Southern District of California Judge Cathy Ann Bencivengo dismissed without prejudice a case brought by Sambreel Holdings LLC, online advertising display company, accusing Facebook of anticompetitively stealing ad business. The plaintiff helps businesses design a Facebook presense that incorporates the clients’ own website images. The complaint […]
Drug Patent Settlements May Include Provisions in Which the Patent Holder Agrees Not to Introduce Its Own Generic Version of the Drug
January 15, 2013 – 12:51 pm
In Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. et al., District of New Jersey Judge William H. Walls dismissed a putative class action against leading drug makers alleging that the patent holder improperly promised not to introduce its own generic version of the drug as part of a settlement delaying the entry of […]
US Supreme Court to Decide Whether Reverse Payment Settlements Between Patented and Generic Drug Manufacturers Violate the Antitrust Laws
January 15, 2013 – 12:48 pm
In Federal Trade Commission v. Watson Pharmaceuticals Inc., the US Supreme Court will review the Federal Trade Commission’s finding that Solvay Pharmaceuticals Inc. and several generic drug makers violated the antitrust laws by agreeing that Solvay would pay the generic companies to forestall challenges to the patent protecting its popular testosterone-replacement drug AndroGel. The FTC […]
Federal Circuit Court Dismisses Slot Machine Antitrust Claims
December 27, 2012 – 4:15 pm
In IGT v. Alliance Gaming Corp. et al., Federal Circuit Court of Appeals affirmed the dismissal of Bally Gaming Inc.’s antitrust claim accusing International Game Technology of filing patent lawsuits to corner the market for spinning-wheel bonus game slot machines. The appeal stems from a patent infringement lawsuit filed by IGT, accusing Bally of violating certain […]