Antitrust claims permitted in MDL patent dispute

In Re: Rembrandt Technologies, LP Patent Litigation, MDL Docket No. 07-1848-GMS-LPS, June 29, 2009.

Stark, M.J.  A motion to amend complaint filed by equipment vendors is granted.  The Magistrate Judge further recommends that Rembrandt’s motion to strike or dismiss antitrust counter-counterclaims be denied as moot; and a motion for judgment on the pleadings relating to certain claims filed by the cable defendants be denied.

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Rebate information is held discoverable in antitrust case

State of Florida, et al., v. Abbott Laboratories, et al., Civ. No. 08-155-SLR, June 23 , 2009.

Robinson, J.  Defendants’ request for discovery relating to rebates received for fenofibrate products is granted.

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Tricor notice plan is approved in antitrust case

Teva Pharmaceuticals USA, Inc. et al., v. Abbott Laboratories et al. No. 02-1512-SLR; Impax Laboratories, Inc. v. Abbott Laboratories, et al., No. 03-120-SLR; In re Tricor Direct Purchaser Antitrust Litigation No. 05-340-SLR; In Re: Tricor Indirect Purchaser Antitrust Litigation No. 05-360-SLR, October 8, 2008.

Robinson, J. The Indirect Purchasers Plaintiffs’ motion for approval of their proposed notice plan is granted.

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Mixed ruling issues in antitrust case regarding sham litigation claims

Teva Pharmaceuticals USA, Inc. et al., v. Abbott Laboratories et al. No. 02-1512-SLR; Impax Laboratories, Inc. v. Abbott Laboratories, et al., No. 03-120-SLR; In re Tricor Direct Purchaser Antitrust Litigation No. 05-340-SLR; In Re: Tricor Indirect Purchaser Antitrust Litigation No. 05-360-SLR, September 24, 2008, revised October 2, 2008.

Robinson, J.  Defendants’ motion for summary judgment on plaintiffs’ claims of sham litigation premised on inequitable conduct and plaintiffs’ Walker Process claims is granted.  Defendants’ motion for summary judgment on sham litigation claims based on a lack of probable cause for asserting patent infringement is denied.

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Reconsideration granted; Magistrate recommends finding of standing.

McKesson Automation, Inc. v. Swisslog Holding AG, et al., C.A. No. 06-28-SLR-LPS, August 29, 2008.

Stark, M.J. Following submission of additional documentation, the Court grants plaintiff’s motion to reconsider its earlier recommendation of dismissal for lack of standing.  Motions by both sides to amend pleadings are granted.  Defendants’ motion to dismiss willfulness claim in light of Seagate is denied.

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Class certification granted in Tricor® antitrust suit

Teva Pharmaceuticals USA, Inc., et al. v. Abbott Laboratories, et al., C.A. Nos. 02-1512-SLR, 03-120-SLR, 05-340-SLR, 05-360-SLR (consolidated), August 18, 2008.

Robinson, J.  The Court grants direct purchaser plaintiffs’ motion for class certification.  It grants in part the indirect purchaser plaintiffs’ motion for class certification, and the IP Class’s motion for appointment of counsel is granted.

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Antitrust injury found not amenable to summary judgment practice

Teva Pharmaceuticals USA, Inc., et al. v. Abbott Laboratories, et al., C.A. Nos. 02-1512-SLR, 03-120-SLR, 05-340-SLR, 05-360-SLR (consolidated) and 08-155-SLR, August 18, 2008.

Robinson, J.  Court stays state law claims of indirect purchasers and counterclaim plaintiffs in Tricor action.  Defendants' motions for summary judgment on state law claims are likewise denied without prejudice.  Defendants’ motions for summary judgment on relevant market definition are denied.  Defendants’ motion for leave to file a motion for summary judgment on antitrust injury is denied.

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Declaratory judgment action is dismissed due to no controversy alleged

Braintree Labs survives antitrust and tortious interference challenge

Motion to supplement record and request for certification of appealability in two antitrust actions

Summary judgment in antitrust action is denied; jurisdictional and venue defenses are upheld

Howard Hess Dental, et al., v. Dentsply International, Inc., C.A. Nos. 99-255-SLR and 01-267, September 26, 2007.

Robinson, J.  Plaintiff’s motion for summary judgment is denied.  Defendants’ motion to dismiss for lack of personal jurisdiction and improper venue is granted.

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Antitrust claims were governed by forum selection clause

Defendant's summary judgment motions were denied; unfair business practices claims were bifurcated.

Affymetrix, Inc. v. Illumina, Inc., No. 04-901 JJF, Mar. 30, 2007.

Farnan, J. Plaintiff’s motion for summary judgment regarding claims of intentional interference with economic advantage and unfair business practices was denied.  Defendant’s motions for summary judgment of invalidity and inequitable conduct were denied.  Claims of unfair business practices were bifurcated from the infringement trial.

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Antitrust component of patent dispute withstands motion to dismiss

Court declined to dismiss, bifurcate or stay antitrust counts and permitted 4 patent claims to be added

Synopsys, Inc. v. Magma Design Automation, No. 05-701-GMS, May 25, 2006.

Sleet, J.  The Court denied plaintiff’s motion to dismiss 6 counts of defendant’s amended answer relating to the Sherman Act, Lanham Act and state law claims.  It further denied plaintiff’s motion to bifurcate or stay the antitrust claims from the patent claims.  Defendant’s motion to amend to add four counterclaims of patent infringement was granted.

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