Bid to assert antitrust counterclaim fails
Magnetar Technologies Corp., et al. v. Six Flags Theme Parks Inc., et al., Civil Action No. 07-127-LPS, February 18, 2011.
Stark, J. Motion to amend answer to assert an antitrust counterclaim is denied.
The disputed patented technology pertains to magnetic braking systems for rail cars, in particular, rail cars used on roller coasters. Defendants seek leave to add a counterclaim alleging Sherman act violations. The court concludes that plaintiffs are immune from the antitrust suit under the Noerr-Pennington doctrine. Defendants’ counterclaim is primarily based on plaintiffs’ actions in bringing this patent infringement lawsuit and threatening similar legal action against others. Defendants have failed to plead an exception to the doctrine. No facts are asserted to establish that the suit is objectively baseless or that the plaintiffs were motivated by bad faith. Additionally, with respect to Walker Process fraud defendants assert no facts evidencing intent to deceive. The court concludes that the proposed amendments are futile because of Noerr-Pennington immunity.
