Author Archives: Steve Semeraro

Essential Patents Cannot Block Smartphones from European Markets

The European Union’s competition chief, Joaquin Alumnia, in a speech prepared for EU lawmakers, vowed to stop mobile-device makers from using litigation over standard-essential patents to block their rivals’ smartphones and tablets from European markets.  Almunia warned device makers against trying to take unfair advantage of European wireless standards’ key patents, which are “essential” to […]

Sixth Circuit Affirms Dismissal Antitrust Challenge to the States’ Tobacco Settlement

The Sixth Circuit Court of Appeals has affirmed the dismissal of a defunct tobacco manufacturer’s antitrust lawsuit against the 1998 master settlement agreement between states and tobacco companies.  The plaintiff, Vibo Corp. dba General Tobacco, claimed that the other tobacco companies’ successfully lobbied the state attorneys general to block General Tobacco from amending its settlement […]

Property Management Software Maker Is Subject to Tying Claims Concerning Cloud Services

Central District of California federal judge Otis D. Wright II denied RealPage Inc.’s, a property management accounting software seller, motion to dismiss a defensive claim that an accounting software vendor illegally tied its software by prohibiting customers from using competitors’ cloud database systems.  RealPage filed the counterclaims in Yardi Systems Inc.’s lawsuit against it, which […]

Photo Lab Repair Servicer Loses Bid to Enjoin Fujifilm North America’s Work for Rite Aid Photo Labs

District of Oregon federal judge Michael H. Simon denied Retail Imaging Management Group’s emergency motion for a temporary restraining order against Fujifilm North America’s repair services at Rite Aid photo labs, finding no strong evidence that Fujifilm engaged in exclusionary pricing by bundling services, including Rite Aid’s call center service work, at below cost in […]

Pfizer Faces Suit by Health Plans Regarding Its Efforts to Delay Generic Lipitor

Pfizer has been sued in a putative class action in the Southern District of New York by a group of health and welfare benefit plans who claim that Pfizer filed sham patent applications and colluded with Ranbaxy Inc. to delay the introduction of generic competitors to its cholesterol treatment Lipitor.  The complaint alleges that Pfizer […]

MGA’s Antitrust Claims Against Mattel Over Bratz Doll Dismissed While IP Dispute Continues

Central District of California federal judge David O. Carter dismissed MGA Entertainment Inc.’s claims that Mattel Inc. attempted to sabotage its Bratz doll line, ruling that MGA’s lawsuit against Mattel relied on the same factual allegations that were raised during a 2010 trial resolving an intellectual property dispute over the Bratz doll line.  The new […]

Post-trial Motions Rejected in High Stakes Kevlar Litigation; Antitrust Claims to be Tested Next

Eastern District of Virginia federal judge Robert E. Payne denied two separate post-trial motions lodged by Kolon challenging the jury’s $920 million verdict in favor of DuPont for theft of trade secrets concerning Kevlar armor products.  The court found sufficient evidence for a reasonable jury to have found in DuPont’s favor on its trade secret […]

EC Competition Regulator Investigates Samsung Patent Licensing, Litigation

The European Commission is investigating whether Samsung Electronics Co. Ltd. anticompetitively abused its patent rights by suing to block the sale of rival smartphones and other mobile devices based on patents that are part of wireless technology standards.  The EC will focus on whether Samsung’s litigation violate  EU antitrust law as well as Samsung’s irrevocable […]

FTC Sues to Halt OmniCare’s Bid to Acquire Pharmerica, Citing Effects on Medicare Part D Drug Plan

The Federal Trade Commission filed an administrative complaint seeking to block Omnicare Inc.’s proposed $440.8 million acquisition of PharMerica Corp.  The FTC alleged that Omnicare would control over half of the U.S. market for pharmacy services at nursing homes and other long-term facilities where patients receive prescription drugs from sponsors of the government’s Medicare Part […]

Microsoft Challenges Motorola/Google’s Patent Practices in EC Competition Complaint

Microsoft Corp. has filed a competition complaint against Motorola Mobility Holdings Inc., and its soon-to-be parent Google Inc., with the European Commission, claiming that Motorola charges too much for its patents and is trying to head off sales of Microsoft products.  Microsoft deputy general counsel Dave Heiner opined in a blog post that Motorola is […]