In Ritz Camera & Image LLC v. SanDisk Corp., the Federal Circuit held that the purchasers of a patented produce may file a monopolization suit based on the claim that the defendant obtained the patent by defrauding the U.S. Patent & Trademark Office. The decision allows a class action challenging a SanDisk Corp. flash memory […]
Category Archives: US Federal Courts
Federal Circuit Rules That Direct Purchasers May Sue to Void Patent Obtained by Fraud
December 21, 2012 – 3:13 pm
Vitamin C Price-fixing Multi-district Litigation to Move Forward
December 21, 2012 – 3:11 pm
In In re: Vitamin C Antitrust Litigation, Eastern District of New York Judge Brian M. Cogan refused to dismiss multidistrict litigation alleging that Chinese manufacturers fixed the price of vitamin C, holding that the sales fell within the import and domestic effects exceptions to the Foreign Trade Antitrust Improvements Act. As a result, that law […]
U.S. Supreme Court to Decide Whether Credit Card Companies May Require Merchants to Waive Class Action Rights in Arbitration Agreements
December 21, 2012 – 3:09 pm
The U.S. Supreme Court has granted certiorari to decide “whether the Federal Arbitration Act [FAA] permits courts, invoking the ‘federal substantive law of arbitrability,’ to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal-law claim.” The case involves a credit card company’s adoption of an arbitration requirement compelling […]
U.S. Supreme Court to Decide the Standard for the Required Pre-certification Showing that Damages May Be Calculated on a Class-wide Basis
December 10, 2012 – 9:22 am
In Comcast Corp. et al. v. Caroline Behrend et al., the U.S. Supreme Court will decide the standard that plaintiffs must satisfy to meet the Court’s requirement that, prior to certifying a class, the district court must find that admissible evidence supports the view that damages can be calculated on a class-wide basis. The plaintiffs […]
Settlement of Visa/MasterCard Merchant Fee Case Preliminarily Approved Over Class Member Opposition
December 9, 2012 – 11:42 am
In In re: Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, Eastern District of New York Judge John Gleeson preliminarily approved a $7.25 billion settlement in multi-district litigation alleging that the credit card companies collusively set the fees that they charge merchants to accept cards. Judge John Gleeson explained that class action settlements must […]
Court Refuses to Dismiss Antitrust Suit Over Mobile Tracking Technology
December 7, 2012 – 5:37 pm
In TruePosition Inc. v. LM Ericsson Telephone Co. et al., Eastern District of Pennsylvania Judge Robert F. Kelly refused to dismiss TruePosition Inc.’s antitrust suit against Qualcomm Inc., LM Ericsson Telephone Co., and Alcatel-Lucent SA. TruePosition accused the defendants of conspiring to use their influence within two standard setting organizations (SSOs), the European Telecommunication Standards […]
Antitrust Challenge Filed Against Drug Discount Abuse Scheme
December 7, 2012 – 5:36 pm
In The Vaccine Center LLC v. GlaxoSmithKline LLC et al., a Nevada clinic has sued in the District of Nevada alleging that GlaxoSmithKline LLC, nonprofit Apexus Inc., and a public health agency conspired to violate the antitrust laws by abusing a federal drug-discount program. The plaintiffs claim that the Southern Nevada Health District abuses its nonprofit […]
New Challenge to Exclusive NFL Apparel License
November 17, 2012 – 12:39 pm
In Patrick Dang v. San Francisco Forty Niners Ltd., the plaintiff has filed a putative class action in the Northern District of California alleging that the exclusive license between the NFL, NFL teams, and sports apparel maker Reebok International Ltd. monopolized the market for team apparel. Although that agreement has expired, the NFL currently has […]
New Group of Student-Athlete Plaintiffs Allege Market in Student Athlete Labor
November 17, 2012 – 12:36 pm
In Rock v. National Collegiate Athletic Association, a class of former college athletes filed suit in the Southern District of Indiana arguing that they have corrected the defects in a prior case and alleged facts sufficient to establish a relevant antitrust market in student athlete labor. The complaint alleges that the NCAA restrained competition in […]
Trade Dress Infringement Case Between Drug-Testing Competitors to Move Forward
November 17, 2012 – 12:34 pm
In Millennium Laboratories Inc. v. Ameritox Ltd., Southern District of California judge Michael M. Anello refused to dismiss a trademark infringement and unfair competition suit against drug-testing firm Ameritox Ltd. Millennium Laboratories Inc., Ameritox’s competitor, filed the action alleging that Ameritox intentionally copied Millennium’s diagnostic report format. The reports are used to notify physicians of […]