Respirator Manufacturer Violates Antitrust Laws by Enforcing Patents Obtained by Fraud

In Transweb LLC v. 3M Innovative Properties Co. et al., a District of New Jersey jury found that defendant 3M Innovative Properties attempted to enforce two patents that it had obtained by fraud and violated the antitrust laws.  The plaintiff, a supplier of filtration materials and 3Ms only competitor for certain government certified respirators, had alleged that this conduct restrained competition in the filtration technology market.

The jury found that two 3M-held patents were invalid and thus the plaintiff could not have infringed them.  By seeking to enforce patents obtained by fraud, 3M attempted to monopolize the market violating the antitrust laws.  The jury awarded lost profits damages just over $34,000 plus attorneys’ fees.

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