In Ciba Vision Corp. v. De Spirito, Northern District of Georgia Judge J. Owen Forrester has dismissed an optometrist’s antitrust and other counterclaims in a trademark infringement suit brought by eye care company Ciba Vision Corp., holding that the defendant failed to sufficiently allege that Ciba engaged in any type of conspiracy in violation of [...]
Category Archives: US Federal Courts
Optometrist’s Antitrust Counterclaims Dismissed in a Contact Lens Trademark Infringement Suit
March 14, 2010 – 2:35 pm
Several Antitrust Claims Dismissed In An Antitrust Multi-District Suit Against Plush Web Toy Supplier
March 14, 2010 – 2:21 pm
In In re: Webkinz Antitrust Litigation, Northern District of California Judge Jeffrey S. White dismissed four claims in antitrust multidistrict litigation alleging that Ganz Inc., the supplier of the popular Webkinz toys, required retailers to buy unrelated gift items in order to obtain the plush animals. While leaving the claims under Connecticut Unfair Trade Practices [...]
Carbon Fiber Price Fixing Suit Is Allowed To Proceed
March 14, 2010 – 1:44 pm
In Hexcel Corp. v. Ineos Polymers Inc., Central District of California Judge Mariana Pfaelzer denied carbon fiber manufacturer Ineo Polymers Inc.’s motion to dismiss a price-fixing suit brought by rival Hexcel Corp., rejecting Ineos’ claims that Hexcel lacked standing to bring the suit and that Hexcel’s claims were time-barred. The court held that although the [...]
AT&T Exclusive Phone, TV, Internet Deals with Apartment Buildings Not Anticompetitive
February 27, 2010 – 9:57 pm
The Fifth Circuit has rejected a class challenge to AT&T exclusive dealing agreements with buildings to provide a so-called Triple Play of telephone, internet, and television services. The court rejected the claim on the ground that the plaintiffs allegation that a single apartment building could constitute a relevant geographic market was too narrow. Although plaintiffs [...]
Georgia Federal Court Upholds Reverse Payment Drug Patent Settlement
February 27, 2010 – 9:54 pm
In a multi-district consolidation, Judge Thrash, Northern District of Georgia, ruled that reverse payment settlements between Solvay Pharmaceuticals and generic drug makers involving the testosterone supplement AndroGel were legal. The Federal Trade Commission and private plaintiffs had alleged that the settlements were anticompetitive because they constituted payments in exchange for keeping generic competition off the [...]
Second Circuit Dismisses Title Insurance Price Fixing Case
February 12, 2010 – 4:32 pm
The Second Circuit has affirmed the dismissal of a putative class action alleging price fixing among title insurers. The plaintiffs alleged that the insurers manipulated the states-rate setting process to include agency commissions in their insurance rates. Relying on the filed rate doctrine, the Second Circuit held that the state regulators were sufficiently active to [...]
Urethane Class Action Suits Can Move Forward
February 8, 2010 – 6:40 pm
In Carpenter Co. et al. v. BASF SE et al.; and Woodbridge Foam Corp. et al. v. BASF SE et al., Kansas District Court Judge John W. Lungstrum has allowed chemical companies that opted out of a class certification in a larger class action to proceed with their own two putative class actions accusing BASF [...]
Court Allows Plaintiffs To Amend Complaint in On-Line DVD Rental Antitrust Suit
February 8, 2010 – 6:23 pm
In Pierson v. Walmart.com USA et al.; and Levy et al. v. Walmart.com USA LLC et al., Northern District of California Judge Phyllis J. Hamilton has agreed to allow Blockbuster Inc. customers who accused Wal-Mart Stores Inc. and Netflix Inc. of colluding in the market for online DVD rentals to amend their complaint based on [...]
Court Rejects Attempt to Dismiss Novir Antitrust Suit
February 8, 2010 – 5:51 pm
In Rite Aid Corp. et al. v. Abbott Laboratories; and Safeway Inc. et al. v. Abbott Laboratories, Northern California District Judge Claudia Wilken denied Abbott’s omnibus motion to dismiss plaintiffs’ claims based on John Doe 1 v. Abbott Laboratories, arguing that the drugmaker’s actions did not amount to exclusionary conduct. In John Doe 1, [...]