Drug Purchasers Defeat Motion To Dismiss In Pay-For-Delay Antitrust Case

CHATTANOOGA, Tenn. - The federal judge in Tennessee overseeing multidistrict litigation involving claims that brand-name pharmaceutical company King Pharmaceuticals LLC and generic drug manufacturer Mutual Pharmaceutical Co. conspired to delay the entry of generic versions of Skelaxin into the market...

States, Penguin Settle E-Books Price-Fixing Litigation; Apple Set For Trial

NEW YORK - Texas and several other states and territories and classes of purchasers have reached an agreement with Penguin Group (USA) Inc. on allegations that several publishers and Apple Inc. conspired to fix prices of electronic books, according to a May 22 letter filed with the federal judge in New...

Cookie Company's Lawsuit Crumbles Over Lack Of Utah Jurisdiction

SALT LAKE CITY - Saying that a cookie company asserting trademark infringement and unfair competition failed to show Utah jurisdiction over the New Jersey-based defendant, a federal judge on May 29 dismissed the claims (Caspers Ice Cream Inc. v. The Fatboy Cookie Company Inc., No. 1:12-CV-133, D. Utah...

Several State-Law Claims Against Apple Are Dismissed On Eve Of Antitrust Trial

NEW YORK - The federal judge in New York overseeing the multidistrict litigation against Apple Inc. on claims that the company conspired with several publishers to fix prices of electronic books approved the dismissal of several state-law claims on May 29, just days before the June 3 trial date (In re...

Purchasers' Settlement With Video Game Software Maker Receives Final Approval

OAKLAND, Calif. - A federal judge in California on May 30 granted final approval to a $27 million settlement of purchasers' claims that a manufacturer of interactive video game software violated antitrust law by entering into exclusive trademark licenses with U.S. football associations (Geoffrey...

$150M Settlement Receives Final Approval In Flonase Sham Litigation Case

PHILADELPHIA - A federal judge in Pennsylvania on June 14 granted final approval to a $150 million cash settlement between Flonase manufacturer GlaxoSmithKline PLC (GSK) and a certified class of 33 direct purchasers on the direct purchasers' claims that GSK filed a series of sham citizen petitions...

High Court Denies Review Of Plausibility Standard In Antitrust Case

WASHINGTON, D.C. - The U.S. Supreme Court on June 17 denied an electronic data interchange (EDI) provider's petition seeking review of an unpublished Fourth Circuit U.S. Court of Appeals ruling that dismissed its allegations that its competitor engaged in anti-competitive conduct in violation of...

High Court Remands Reverse-Payment Settlement Cases To 3rd Circuit

WASHINGTON, D.C. - The U.S. Supreme Court on June 24 vacated the judgment of the Third Circuit in antitrust litigation involving the drug K-Dur and remanded for further consideration in light of its recent ruling in Federal Trade Commission v. Actavis, Inc., et al., in which it held that reverse-payment...

Apple Conspired To Raise Prices Of E-Books, Federal Judge Rules

NEW YORK - Apple Inc. conspired with several publishers to fix prices of electronic books in violation of Section 1 of the Sherman Act and various states' laws, a federal judge in New York ruled July 10 following a bench trial (United States of America v. Apple Inc., et al., No. 12 Civ. 2826, S.D...

Calif. Cipro Purchasers Seek Approval Of Settlement With Bayer Over Pay-For-Delay

SAN DIEGO - California purchasers of the antibiotic Cipro and third-party payers who reimbursed for California purchases of Cipro on July 11 asked a state court to grant preliminary approval to their $74 million cash settlement with Bayer Corp. and Bayer AG (collectively, Bayer) on claims that Bayer...

Jury Rules Against Colorado Nightclub On Antitrust Claims Against Rival

DENVER - A federal jury in Colorado on July 10 found against Denver nightclubs on their unlawful tying, monopolization and attempted monopolization claims that a competitor nightclub and the owner of a digital download service and the defendant nightclub coerced disc jockeys to perform at the competitor...

United States, States Debate Apple Over Remedies In E-Book Conspiracy Case

NEW YORK - The United States and the 33 states that prevailed in federal district court in New York on their claims that Apple Inc. conspired with five publishers to fix prices of electronic books submitted their proposed remedy on Aug.2 (United States of America v. Apple Inc., et al., No. 12 Civ. 2826...

Judge Orders Apple To Modify E-Book Contracts, Appoints External Monitor

NEW YORK - Apple Inc. must modify its existing agreements with publishers and submit to an external monitor pursuant to the final order entered Sept. 5 by the federal judge in New York who ruled against Apple on claims by the United States and 33 states that Apple conspired with five publishers to fix...

Reverse-Payment Settlement Case Remanded In Light Of Supreme Court Ruling

ATLANTA - Following the U.S. Supreme Court's ruling in June that reverse-payment settlements of patent litigation between the holder of a drug patent and potential generic manufacturers of the drug are subject to the rule of reason, the 11th Circuit U.S. Court of Appeals on Sept. 9 vacated and remanded...

Text Messengers Must Arbitrate Antitrust Claims, Federal Judge Rules

NEW YORK - Text message service companies alleging that wireless communication companies, a trade organization and aggregators conspired to restrain trade and monopolize the market for application-to-person (A2P) text messages must arbitrate their federal antitrust claims, a federal judge in New York...

Jury Awards $113M For Attempted Monopolization Of Safety Syringe Market

MARSHALL, Texas - A federal jury in Texas on Sept. 19 awarded Retractable Technologies Inc.(RTI) $133,508,014 in damages against Becton, Dickinson & Co. (BD) for attempted monopolization of the market for safety syringes through deceptive practices (Retractable Technologies, Inc., et al. v. Becton...

10th Circuit Affirms Judgment For Microsoft In Novell's Monopolization Suit

DENVER - Novell Inc. failed to present evidence sufficient for a jury to find that Microsoft Corp. unlawfully used its dominant position in the personal computing (PC) operating-systems market to monopolize the word-processing and spreadsheet applications markets when it withdrew access to its namespace...

Virtual Currency Firm's Antitrust Claims Against Facebook Survive Dismissal

WILMINGTON, Del. - A Delaware federal judge on Sept. 27 held that a provider of virtual currency for social network games had sufficiently pleaded its claims of monopolization, tying and tortious interference against Facebook Inc., denying the social network's motion to dismiss (Kickflip Inc. v....

Unfair Competition Class Action Against Skype Reinstated By Appeals Court

LOS ANGELES - A California appeals panel on Oct. 4 found that a woman's putative class claims alleging unfair competition, false advertising and related claims against Skype Inc., over its claims of "unlimited" calling plans, were adequately alleged, reversing and remanding a lower court's...

Publishers, Apple Will Appeal E-Books Price-Fixing Order

NEW YORK - Publishers Simon & Schuster Inc. and Holtzbrinck Publishers LLC d/b/a Macmillan on Oct. 4 filed notices of appeal, joining Apple Inc., in appealing to the Second Circuit U.S. Court of Appeals a final order requiring Apple to modify its existing agreements with five publishers and submit...

New Trial Sought After $113M Verdict In Attempted Monopolization Case

MARSHALL, Texas - Becton, Dickinson & Co. (BD) on Oct. 11 moved for judgment as a matter of law or, alternatively, a new trial following a federal jury in Texas' $133,508,014 damage award in favor of Retractable Technologies Inc.(RTI) on its claim of attempted monopolization of the market for...

Software Maker Fails To Allege Agreement; Antitrust Claims Fail, 2nd Circuit Holds

NEW YORK - A software company failed to allege facts demonstrating that insurers' requiring the use of a rival estimating software was anything more than parallel conduct, the Second Circuit U.S. Court of Appeals ruled Oct. 18 in an unpublished order affirming the dismissal of antitrust and trademark...

Novell Seeks Rehearing En Banc In Monopolization Suit Against Microsoft

DENVER - Novell Inc. on Oct. 22 filed a petition for rehearing en banc of a 10th Circuit U.S. Court of Appeals ruling that Novell failed to present evidence sufficient for a jury to find that Microsoft Corp. unlawfully used its dominant position in the personal computing operating-systems market to monopolize...

Rehearing En Banc Denied In Novell's Monopolization Suit Against Microsoft

DENVER - The 10th Circuit U.S. Court of Appeals on Nov. 1 denied Novell Inc.'s petition for rehearing en banc of a panel ruling that Novell failed to present evidence sufficient for a jury to find that Microsoft Corp. unlawfully used its dominant position in the personal computing operating-systems...

Parts Firm's Keyword Ads Trademark Claims Dismissed Against Google, Not Yahoo

SAN DIEGO - In a pair of Dec. 4 rulings, a California federal judge dismissed all of an Internet-based automotive parts retailer's trademark infringement claims against search engine provider Google Inc. as barred by laches and precluded by the Communications Decency Act (CDA) while permitting a...