Related non-patent counterclaims will be tried with patent liability

Quantum Loyalty Systems, Inc., et al. v. TPG Rewards, Inc., Civil Action No. 09-022-MPT, December 22, 2011.

Thynge, M. J.  Motion to sever, dismiss, bifurcate, or transfer counterclaims is denied.

 

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Antitrust and sham litigation allegations not supported by the record

Ethypharm S.A. France v. Abbott Laboratories, Civ. No. 08-126-SLR, August 23, 2011.

Robinson, J.  Motion for summary judgment regarding alleged anticompetitive conduct and motion for summary judgment regarding allegations of sham litigation are granted.

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Standing did not exist to support claim to clarify patent ownership

Silicon Economics, Inc. v. Financial Accounting Foundation, et al., Civil Action 11-163-Baylson, J., August 17, 2011.

Baylson, J. (designated)  Motion to dismiss granted in part and denied in part. Plaintiff is given leave to file an amended complaint.

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Drug wholesalers obtain preliminary injunction in antitrust litigation

Rochester Drug Co-Operative, Inc., et al.. v. Braintree Laboratories., Civ. No. 07-142-SLR, July 7, 2011.

Robinson, J.  Motion for preliminary injunction is granted.

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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.

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30(b)(6) deposition of party re foreign subsidiary knowledge is ordered

Ethypharm S.A. France v. Abbott Laboratories, Civil Action No.08-126-SLR-MPT, November 15, 2010.

Thynge, M. J.  Plaintiff’s motion to proceed on discovery matters under the Federal Rules rather than the Hague Convention is granted in part and denied in part.

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Request to bifurcate damages is denied

Masimo Corporation v. Phillips Electronics North America Corp., et al., Civil Action No.09-80-LPS-MPT, October 6, 2010.

Thynge, M. J.  Defendant’s motion to bifurcate and stay damages is denied.

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Antitrust complaint survives motion to dismiss

Rochester Drug Co-Operative, Inc., et al. v. Braintree Laboratories, Civ. No.07-142-SLR, May 18, 2010.

Robinson, J.  Defendant’s motion to dismiss antitrust complaint alleging sham litigation is denied.

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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.

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On reconsideration, antitrust claims remain stayed and misuse claims are also bifurcated; certification request fails

Masimo Corporation v. Philips Electronics North America Corp., Civil Action No.09-80-MPT, April 19, 2010.

Thynge, M. J.  Defendant’s motion for reconsideration of its order bifurcating antitrust claims and staying related discovery is denied.  The order is amended to bifurcate patent misuse claims and stay related discovery.  The court declines to grant a motion to certify a question of law.

 

 

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Antitrust claims survive dismissal motion

In Re: Metoprolol Succinate Direct Purchaser Antitrust Litigation, Civil Action No.06-52-GMS, April 13, 2010.

Sleet, C. J.  Defendant’s motion to dismiss claims of antitrust violations and state law claims is denied.

 

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Antitrust counterclaims withstand motion to dismiss

LG Electronics, Inc. v. Asko Appliances, Inc., et al., Civil Action No.08-828-JAP, March 29, 2010.

Pisano, J.  Plaintiff’s motion to dismiss counts IV to IX of Daewoo’s counterclaims pursuant to Rule 12(b)(6) is denied.

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Antitrust claims are bifurcated and discovery is stayed

Masimo Corporation v. Philips Electronics North America Corp., et al., Civil Action No.09-80-MPT, March 11, 2010.

Thynge, M. J.  Plaintiff’s motion to bifurcate and stay discovery of defendant’s antitrust counterclaims is granted. Discovery is stayed pending trial on the patent issues.

 

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Discovery on antitrust and patent misuse claims is stayed

Eurand Inc., Cephalon Inc., and Anesta AG v. Mylan Pharmaceuticals Inc., et al., Civ. No. 08-889-SLR, October 1, 2009.

Robinson, J.  Plaintiffs’ motion to sever and stay discovery on antitrust and patent misuse claims is granted.

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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

Innovative Therapies, Inc., v. Kinetic Concepts, Inc., et al., CA No. 07-589-SLR-LPS, July 14, 2008.

Stark, M. J. Plaintiff’s motion to dismiss for lack of subject matter jurisdiction is granted.

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Braintree Labs survives antitrust and tortious interference challenge

Braintree Laboratories, Inc. v. Schwarz Pharma, Inc., C.A. No. 03-477-SLR, July 31, 2008.

Robinson, J.   The court rules for plaintiff on unfair competition and antitrust claims after bench trial.

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

Howard Hess Dental Laboratories Inc. et al., v. Dentsply International, Inc., and Jersey Dental Laboratories, et al. v. Dentsply International, Inc. C.A. Nos. 99-255 and 01-267-SLR, January 8, 2008.

Robinson, J.  Court denies plaintiffs’ motion to supplement record and grants request for certification of appealability in two antitrust actions.


 

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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

Pullen Seeds and Soil v. Monsanto Company, C.A. No. 06-599; Wade Farms, et al., v. Monsanto Company., C.A. No. 06-600-SLR, July 18, 2007.

Robinson, J.  Defendant’s motion to dismiss antitrust claims is granted.

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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

Abbott Laboratories et al. v. Teva Pharmaceuticals USA, Nos. 02-1512-KAJ, 03-120-KAJ, 05-340-KAJ, 05-360-KAJ (consolidated), May 26, 2006.

Jordan, J.  The Court denied Abbott and Fournier’s motion to dismiss various antitrust actions.

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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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