Mealeys

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9th Circuit Refuses To Hear Appeal Of IPhone Users' Antitrust Claims
Posted on 1 May 2012 by Mealeys

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 27 denied a petition for permission to appeal a district court's order decertifying a class of iPhone purchasers in their antitrust claims against Apple Inc. and AT&T Mobility Inc... Read More

DOJ Opposes Apple's Motion To Stay Injunction In E-Books Conspiracy Litigation
Posted on 3 Jan 2014 by Mealeys

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... Read More

Judge: Woman May Pursue Claims For Websites She Didn't Visit
Posted on 20 Jun 2012 by Mealeys

SAN FRANCISCO - A woman lacks injury from "unlimited downloading" websites she did not enroll in, but her allegations that a single company controlled the advertising of all the sites allows her to pursue her California unfair competition law... Read More

New Trial Sought After $113M Verdict In Attempted Monopolization Case
Posted on 16 Oct 2013 by Mealeys

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... Read More

BMW Wins Injunction Against Repair Shop Using Its Trademarks
Posted on 3 Apr 2013 by Mealeys

LAS VEGAS - A Nevada federal judge on March 29 enjoined a Las Vegas auto repair shop that specializes in BMW repairs from continuing to imply a relationship with the auto company and ordered it to surrender any BMW-branded materials for destruction (BMW... Read More

Jury Awards Apple $1.05 Billion In California Patent Dispute
Posted on 27 Aug 2012 by Mealeys

SAN FRANCISCO - After three days of deliberations, a California federal jury on Aug. 24 awarded Apple Inc. $1,049,343,540 in its high-stakes lawsuit with Samsung Electronics Co. Ltd., deeming the software giant's patents both valid and infringed ... Read More

Judge Dismisses Antitrust Class Action Against Inflight Internet Provider
Posted on 12 Apr 2013 by Mealeys

SAN FRANCISCO - Three airline travelers have failed to show that "there has been a substantial foreclosure of competition in the relevant market" of providers of Internet connectivity on domestic commercial aircraft, a California federal judge... Read More

Drug Companies Tell High Court That Reverse-Payment Settlements Are Lawful
Posted on 26 Feb 2013 by Mealeys

WASHINGTON, D.C. - Several drug companies told the U.S. Supreme Court in their merits briefs on Feb. 21 that the court should analyze antitrust challenges to reverse-payment settlements of patent litigation between the holder of a drug patent and potential... Read More

Sham Litigation Claims Against Biovail Are Settled; Case Against GSK Continues
Posted on 25 Jul 2012 by Mealeys

PHILADELPHIA - Biovail Corp., the manufacturer of the prescription antidepressant drug Wellbutrin XL, reached a $37.5 million settlement on July 23 with direct purchasers who claimed that Biovail illegally conspired to prevent generic versions of the... Read More

Judge Dismisses Privacy, Unfair Competition Class Action Over IPhone Apps
Posted on 2 Dec 2013 by Mealeys

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... Read More

Arizona Federal Judge Denies Judgment In Trademark Case
Posted on 29 Mar 2012 by Mealeys

PHOENIX - A motion for judgment on the pleadings by a trademark infringement defendant was denied March 28 by an Arizona federal judge, who instead granted the plaintiff's motion to amend its complaint to add a claim for intentional interference with... Read More

Arbitration Of Federal Price-Fixing Claim Denied In E-Books Class Action
Posted on 2 Jul 2012 by Mealeys

NEW YORK - The federal judge in New York overseeing the antitrust actions against Google Inc. and several publishers, including Penguin Group (USA) Inc., alleging that the defendants conspired to fix prices of electronic books, on June 27 denied Penguin's... Read More

Virtual Currency Firm's Antitrust Claims Against Facebook Survive Dismissal
Posted on 30 Sep 2013 by Mealeys

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... Read More

Software Maker Fails To Allege Agreement; Antitrust Claims Fail, 2nd Circuit Holds
Posted on 21 Oct 2013 by Mealeys

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... Read More

$150M Settlement Receives Final Approval In Flonase Sham Litigation Case
Posted on 18 Jun 2013 by Mealeys

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... Read More

  • Blog Post: Antitrust Lawsuit Between Colorado Nightclub Rivals Survives Motion To Dismiss

    DENVER - Denver nightclubs may continue with their unlawful tying and monopolization claims that a digital download service, a competitor nightclub and the owner of those two businesses coerced disc jockeys to perform at the competitor nightclub, a federal judge in Colorado ruled March 14 (Regas Christou...
  • Blog Post: Judge Rejects Competition Law Claims Involving Flash Memory Patents

    MADISON, Wis. - A computer flash memory company has not shown that a patent holder's licensing and royalty programs affect competition in the market or that the California unfair competition law (UCL) would apply in such situations, a Wisconsin federal judge held March 27 (SanDisk Corp. v. Kingston...
  • Blog Post: Arizona Federal Judge Denies Judgment In Trademark Case

    PHOENIX - A motion for judgment on the pleadings by a trademark infringement defendant was denied March 28 by an Arizona federal judge, who instead granted the plaintiff's motion to amend its complaint to add a claim for intentional interference with a business relationship (Market Studies LLC v...
  • Blog Post: Cipro Purchasers Tell Calif. High Court That Reverse Payments Violate State Law

    SAN FRANCISCO - Purchasers of Cipro on March 27 filed their opening brief urging the California Supreme Court to review the Court of Appeal's ruling that pay-for-delay settlement agreements between the manufacturer of a branded antibiotic and its generic competitors do not violate California antitrust...
  • Blog Post: Judge: Steak Company Denied Injunction On Infringement Claims

    PHILADELPHIA - A Pennsylvania federal judge has denied an injunction based on infringement claims brought by a national seller of frozen sandwich steak and hamburger products against a South Philadelphia pizza shop and corner grocery, saying in an April 11 opinion that the plaintiff had presented no...
  • Blog Post: 11th Circuit Upholds Reverse Payment Settlement Against FTC Challenge

    ATLANTA - Reverse payment settlements between the holder of a drug patent and generic manufacturers of the drug did not constitute an unfair restraint on trade in violation of Section 5(a) of the Federal Trade Commission Act 15 U.S.C.S. §45 , the 11th Circuit U.S. Court of Appeals ruled April 25...
  • Blog Post: 9th Circuit Refuses To Hear Appeal Of IPhone Users' Antitrust Claims

    SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 27 denied a petition for permission to appeal a district court's order decertifying a class of iPhone purchasers in their antitrust claims against Apple Inc. and AT&T Mobility Inc. (ATTM) and granting motions to compel arbitration...
  • Blog Post: Judge Allows Advertising Claims Involving Apple IPhone Software Update

    SAN DIEGO - California false advertising law (FAL) claims seeking restitution from Apple Inc. for a software update that allegedly rendered past versions of iPhones unusable may continue, a federal judge held April 25 (Bianca Wofford and Suzann Lennox, et al. v. Apple Inc., and DOES 1 through 100, inclusive...
  • Blog Post: Stay Ordered In E-Books Price-Fixing Actions Against 2 Publishers

    NEW YORK - The federal judge in New York overseeing the electronic books antitrust multidistrict litigation on May 1stayed the actions against Hachette Book Group Inc. and Hachette Digital Inc. (collectively, Hachette) and HarperCollins Publishers, following the publishers' tentative settlement with...
  • Blog Post: Puerto Rico Magistrate Judge: No Federal Question In Franchise Dispute

    SAN JUAN, Puerto Rico - A plaintiff asserting trademark infringement stemming from the cancellation of a restaurant franchise agreement has asserted no claims that justify federal jurisdiction, a magistrate judge in the U.S. District Court for the District of Puerto Rico said May 3 in remanding the claims...
  • Blog Post: Sham Litigation Claims Against Wellbutrin XL Manufacturer, Distributor Fail

    PHILADELPHIA - A federal judge in Pennsylvania on May 11 granted summary judgment to the producers and distributors of Wellbutrin XL on direct and indirect purchasers' claims that the defendants illegally conspired to prevent generic versions of the drug from entering the American market by filing...
  • Blog Post: Apple's Antitrust Counterclaims Against Samsung Survive Dismissal

    SAN JOSE, Calif. - In a patent case related to mobile device technology, a federal judge in California on May14 denied Samsung Electronics Co. Ltd.'s motion to dismiss several of Apple Inc.'s amended counterclaims, including a claim alleging that Samsung made misrepresentations to standards-setting...
  • Blog Post: E-Books Price-Fixing Class Action Against Apple, Publishers Survives

    NEW YORK - Electronic book purchasers may continue their class action lawsuit against Apple Inc. and several e-book publishers alleging that the defendants engaged in a conspiracy to fix prices of digital books in violation of federal and state antitrust laws, the federal judge in New York overseeing...
  • Blog Post: Antitrust Claims Involving SD Memory Cards Are Untimely, Federal Judge Rules

    SAN FRANCISCO - A federal judge in California on May 21 dismissed with prejudice an antitrust action brought by indirect purchasers challenging an alleged patent-licensing arrangement to control the availability and pricing of secure digital memory card (SD card) technologies as an unlawful restraint...
  • Blog Post: Unfair Competition Claim Preempted By Copyright Act, New York Federal Judge Rules

    NEW YORK - A common law claim of unfair competition against a company that feeds live television broadcasts to customers online has been dismissed by a federal judge, who said in an opinion released May 21 that the claim is preempted by the Copyright Act 17 U.S.C.S. §§ 101-810 , ( WNET, et...
  • Blog Post: Judge Says Letter Does Not Support Claim For Unfair Competition

    BOISE, Idaho - A cease-and-desist letter stemming from a radar detector patent dispute enjoys immunity from suit under Idaho law as a communication made in the course of litigation, an Idaho federal judge said May 23, and the letter also cannot serve as the basis for a Lanham Act claim ( Escort Inc....
  • Blog Post: Online Sellers Defeat eBay's Motion To Dismiss Tying Claims, Federal Judge Rules

    SAN FRANCISCO - Sellers who alleged unlawful tying by eBay Corp. in the market for online payment systems for use in online auctions may continue with their federal antitrust claims, a federal judge in California ruled May 29 in an unpublished ruling denying eBay's motion to dismiss the tying claims...
  • Blog Post: Preliminary Approval Sought For $38M Settlement In Rewards Enrollment Case

    SAN DIEGO - Plaintiffs asked a California federal judge on June 13 to preliminarily approve a settlement worth more than $38 million in a state unfair competition law (UCL) case alleging that online retailers used personal information to enroll consumers in rewards programs without their knowledge or...
  • Blog Post: Judge: Woman May Pursue Claims For Websites She Didn't Visit

    SAN FRANCISCO - A woman lacks injury from "unlimited downloading" websites she did not enroll in, but her allegations that a single company controlled the advertising of all the sites allows her to pursue her California unfair competition law (UCL) claims against it, a federal judge held June...
  • Blog Post: RIM Didn't Engage In Anti-Competitive Conduct, 2nd Circuit Affirms

    NEW YORK - Research In Motion Corp.'s (RIM) rejection of a "reduced QWERTY" keyboard technology jointly developed by RIM and a patent holder was not anti-competitive conduct under Section 2 of the Sherman Act because the parties did not have an antecedent product, the Second Circuit U.S...
  • Blog Post: Trial Date Set In U.S.'s E-Books Price-Fixing Action Against Apple, Publishers

    NEW YORK - The trial in the U.S. government's antitrust action against Google Inc. and several publishers for conspiring to fix prices of electronic books is set to begin June 3, 2013, according to a June 25 scheduling order filed by the federal judge in New York overseeing the litigation (In re...
  • Blog Post: Judge Rules California Competition Law Claims Over App Tracking Can Proceed

    SEATTLE - Plaintiffs claiming that a phone manufacturer and weather app company failed to disclose tracking activities that drained battery life successfully allege injury and unfair and unlawful conduct under the California unfair competition law (UCL), a Washington judge held June 26 ( Chad Goodman...
  • Blog Post: Arbitration Of Federal Price-Fixing Claim Denied In E-Books Class Action

    NEW YORK - The federal judge in New York overseeing the antitrust actions against Google Inc. and several publishers, including Penguin Group (USA) Inc., alleging that the defendants conspired to fix prices of electronic books, on June 27 denied Penguin's motion to compel arbitration of the federal...
  • Blog Post: Microsoft Wins Judgment In Novell's Monopolization Suit After Mistrial

    SALT LAKE CITY - 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, a federal judge in Utah held...
  • Blog Post: 3rd Circuit: Reverse-Payment Settlements Are Subject To Rule-Of-Reason Analysis

    PHILADELPHIA - Settlements involving a reverse payment from a name-brand manufacturer to a generic challenger to delay the entry date for marketing a generic drug are subject to the rule-of-reason test and not the scope-of-the-patent test, the Third Circuit U.S. Court of Appeals ruled July 16, saying...