MP3 Maker Claim Against Apple Dismissed

In Luxpro Corp. v. Apple Inc., Western District of Arkansas Judge Harry F. Barnes handed down an order dismissing Taiwanese MP3 player maker Luxpro Corp.’s claims against Apple Inc., for attempted common law monopolization and for interfering with Luxpro’s business partners by sending letters demanding that they cease all business relations with Luxpro and filing groundless litigation.  The court held that 1) Apple’s litigation in Germany and Taiwan was protected under Noerr-Pennington immunity – which exempts a party’s efforts to procure government action from antitrust scrutiny; (the claim was also barred by the applicable statute of limitations); and 2) attempted common law monopolization was not a cause of action under either Arkansas or California law.   

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