Asparagus Seed Patent Challenge Needs to Allege Knowing Fraud to Support Antitrust Claims

District of New Jersey Judge Freda L. Wolfson dismissed antitrust claims filed by Jersey Asparagus Farms Inc. against Rutgers University concerning patents for asparagus seeds.  The plaintiff alleged that the patents were invalid on the ground that Rutgers failed to disclose prior art to the PTO.  Recognizing that fraudulently obtaining a patent may violate the antitrust laws, the court held that the complaint failed to allege knowing fraud, a relevant market in which competition was restrained, or the plaintiff’s standing under the antitrust laws.  The court granted the plaintiff the opportunity to amend its complaint to address these issues.

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