Category Archives: Section 2 Standards

Court Dismissed All But Two Claims In Resin Monopoly Suit

In DSM Desotech Inc. v. 3D Systems Corp., Northern District of Illinois Judge Sharon Johnson Coleman dismissed allegations that 3D Systems Corp. tried to monopolize the market for 3D printing that construct three-dimensional objects with lasers.  Desotech, a resin manufacturer, sued its rival 3D Systems, accusing it of trying to squeeze smaller competitors out of […]

Refusal to License USB Patents Case to Move Forward

In Lotes Co. Ltd. v. Hon Hai Precision Industry Co. Ltd. et al., Southern District of New York Judge Shira A. Scheindlin refused to dismiss a claim that Foxconn International Inc. anticompetitively refused to license standard-essential USB patents to a competitor on fair, reasonable and nondiscriminatory (FRAND) terms. Foxconn argued that the patented technology was […]

Refusal to Deal on Patent Licensing Case Dismissed

In Cascades Computer Innovation LLC v. RPX Corp, Northern District of California Judge Yvonne Gonzalez Rogers dismissed with leave to amend an antitrust case by Cascades Computer Innovation alleging that several Android device makers had conspired to refuse to deal with it.  Cascades alleged that the companies agreed that none of them would engage in […]

FTC & Google Agree to Commitment Letter on Allegations that Google Used Its Search Engine Anticompetitively

The Federal Trade Commission resolved its long-running investigation of Google by entering a commitment letter with the internet search giant.  At the behest of Google’s competitors, the FTC investigated whether the company unfairly promoted its own specialized search offerings over those of other companies.  The Commission focused on whether Google had created universal results pages to replace […]

Class Action Challenging Baseball and Hockey Television Deals to Move Forward

In Laumann et al. v. National Hockey League et al Southern District of New York Judge Shira A. Scheindlin allowed class actions to move forward against the National Hockey League, Major League Baseball, and television providers Comcast and DirecTV relating to their control of sports broadcasts.  The class members are purchasers of baseball and hockey […]

FCC Rule Requiring Cell Phone Providers to Sell Internet Access to Competitors on Commercially Reasonable Terms Upheld

In Cellco Partnership vs. Federal Communications Commission et al., a panel of the District of Columbia Circuit rejected Verizon’s challenge to an FCC rule that required mobile internet providers to negotiate roaming agreements with their rivals.  The rule was intended to enable cell phone users to access the internet in areas not served by their […]

Claim that Facebook Stole Advertising Customers Dismissed

In Sambreel Holdings LLC et al. v. Facebook Inc., Southern District of California Judge Cathy Ann Bencivengo dismissed without prejudice a case brought by Sambreel Holdings LLC, online advertising display company, accusing Facebook of anticompetitively stealing ad business.   The plaintiff helps businesses design a Facebook presense that incorporates the clients’ own website images.  The complaint […]

Federal Circuit Rules That Direct Purchasers May Sue to Void Patent Obtained by Fraud

In Ritz Camera & Image LLC v. SanDisk Corp., the Federal Circuit held that the purchasers of a patented produce may file a monopolization suit based on the claim that the defendant obtained the patent by defrauding the U.S. Patent & Trademark Office.  The decision allows a class action challenging a SanDisk Corp. flash memory […]

DOJ Closes Investigation of Monsanto’s Domestic Seed Business

The Department of Justice has closed its two-year antitrust investigation of Monsanto’s planned activities with respect to Roundup Ready 1 modified soybeans after the 2014 expiration of its patent.  The DOJ may have been concerned that Monsanto would demand that farmers destroy or return seed when existing licenses expire because the company now prevents farmers […]

Antitrust Case Contends SESAC Should Be Subject to Same Requirements as ASCAP & BMI

In Radio Music Licensing Committee Inc. v. SESAC Inc. et al., plaintiffs have filed suit in the Eastern District of Pennsylvania alleging that performing rights organization SESAC Inc. monopolized thousands of songs and charged supra-competitive royalties for blanket licenses.  The case is the second antitrust challenge to these licensing practices. The plaintiff alleges that SESAC […]