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...

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...

Nexium End-Payers Granted Certification Of Damages Class, Not Injunctive Class

BOSTON - A federal judge in Massachusetts on Nov. 14 certified a damages class of end-payers that purchased or provided reimbursements for Nexium on the end-payers' antitrust and consumer protection claims contending that the manufacturer of the heartburn medication and generic drug manufacturers...

California Cipro Purchasers' Settlement With Bayer Over Pay-For-Delay Is Approved

SAN DIEGO - A judge in California on Nov. 15 granted final approval to a $74 million cash settlement between Bayer Corp. and Bayer AG (collectively, Bayer) and California purchasers of the antibiotic Cipro and third-party payers who reimbursed for California purchases of Cipro on claims that Bayer paid...

Apple Seeks Dismissal Of States' Damages Action In E-Books Conspiracy Litigation

NEW YORK - Apple Inc. on Nov. 15 moved to dismiss an action by the attorneys general of several states which alleges that Apple conspired with publishers to fix prices of electronic books, arguing that the district court lacks subject-matter jurisdiction over the states' damages action against Apple...

Judge Dismisses Privacy, Unfair Competition Class Action Over IPhone Apps

SAN JOSE, Calif. - The named plaintiffs in a putative class action against Apple Inc. failed to establish their standing under Article III of the U.S. Constitution or two California statutes, a California federal judge found Nov. 25, disposing of their claims related to Apple's purported collection...

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...

Nexium Direct Purchasers Granted Class Certification In Pay-For-Delay Suit

BOSTON - A federal judge in Massachusetts on Dec. 11 certified a nationwide class of direct purchasers of Nexium on their antitrust claims contending that the manufacturer of the heartburn medication and generic drug manufacturers entered into reverse-payment agreements to keep generic versions of the...

2nd Circuit: Challenge To Microsoft's License, Multiuser Software Fails

NEW YORK - A software maker failed to sufficiently allege that Microsoft Corp. violated Section 2 of the Sherman Act by restricting its Windows 2007 license to a single user and in pricing its multiuser software, the Second Circuit U.S. Court of Appeals affirmed Dec. 23 (MiniFrame Ltd. v. Microsoft Corporation...

DOJ Opposes Apple's Motion To Stay Injunction In E-Books Conspiracy Litigation

NEW YORK - The U.S. Department of Justice and several states on Dec. 30 opposed Apple Inc.'s motion requesting a stay of the appointment of an external compliance monitor pending Apple's appeal to the Second Circuit U.S. Court of Appeals of a ruling that Apple conspired with publishers to fix...

Facebook Sued Over Scanning Of Users' Private Messages

OAKLAND, Calif. - Two Facebook Inc. users filed a putative class action against the social networking giant on Dec. 30, alleging federal and state law violations springing from Facebook's purported reading and analyzing of users' private messages for the purpose of providing targeted advertising...

Judge Refuses To Disqualify Monitor Or Grant Stay In E-Books Case; Apple Appeals

NEW YORK - A federal judge in New York on Jan. 16 rejected Apple Inc.'s argument that the external compliance monitor the judge appointed after ruling that Apple conspired with publishers to fix prices of electronic books should be disqualified and denied Apple's motion requesting a stay of the...