Sham Patent Infringement Claim Against Ocean Spray to Move Forward

District of Massachusetts Judge Rya W. Zobel refused to dismiss Decas’s antitrust counter-clam against Ocean Spray.  Ocean Spray asserted a patent infringement claim against Decas relating to a popular product after discussions about Ocean Spray purchasing Decas broke down.  Decas argues that Ocean Spray filed the claim knowing that it was bogus in order to discourage other companies from purchasing Decas.  Ocean Spray moved to dismiss the claim on the ground that because the infringement claim was not objectively groundless, its motivation could not support an antitrust claim.

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