Attempt to Monopolize Resin Industry Case Goes Forward

Judge Joan Lefko, Northern District of Illinois, dismissed a tying claim, but allow other antitrust allegations made by DSM Desotech Inc. against 3D Sytems Corp. to go forward in a private antitrust action involving the stereolithography machine industry.  The machines use lasers to cut objects from resin.  DSM argues that 3DS has tried to exclude it from the resin market by discouraging customers from using non-3DS-approved resin in its machines, designing new machines to work only with approved resin, and discouraging the use of older machines.  Given that only three competitors currently compete in the resin market, and 3DS’s share is about 50%, the court permitted attempted monopoly claims to go forward.  The case also involves patent infringement claims brought by DSM.

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