Antitrust claims are dismissed without prejudice pending appeal
IGT v. Bally Gaming International, Inc., et al., Civ. No.06-282-SLR, April 28, 2010.
Robinson, J. Plaintiff’s renewed motion to dismiss antitrust counterclaims is granted without prejudice.
Defendant asserted Sherman Act, Lanham Act and state law counterclaims in this patent infringement case. The court noted its practice of bifurcating antitrust counterclaims since they generally do not survive in the absence of a finding of noninfringement. In 2008, the parties agreed to dismiss 2 of the 5 patents-in-suit. In April, 2009, the court construed claims and addressed seven motions for summary judgment, finding 2 patents valid and denying an invalidity motion as to the third remaining patent. All three patents were found to have been infringed. A trial was set to take place in June, 2009, but defendants agreed to drop their invalidity counterclaim without prejudice and the parties agreed to try willfulness with damages after appeal. The court denied a motion to issue a permanent injunction. Defendants admit that the antitrust counterclaims do not survive if they do not prevail on appeal. The court therefore dismisses the counterclaims without prejudice and enters final judgment pursuant to Rule 54(b).
