Distribution, Competition, and Antitrust / Intellectual Property (IP) Law

For Those in the Bay Area . . . David D. Friedman, Ph.D. talk on Ronald Coase — January 23

The Chicago Economics Society Distinguished Alumni Speaker Series is hosting a talk by David D. Friedman, Professor of Law at Santa Clara University, on Thursday, January 23 at 6:00 pm at the University Club of San Francisco. Dr. Friedman will … [Continue reading]

Antitrust Writing Awards Need Your Vote

The Institute of Competition Law has announced its annual Antitrust Writing Awards & Ranking for 2014. As the Institute states: The Academic Articles Awards reward the best articles published in peer-reviewed journals in 2013. These Awards … [Continue reading]

Happy New Year

Happy holidays and best wishes for the New Year.  Blogging will resume after the 1st.   … [Continue reading]

“Anti-Patent Troll” Fails to Secure Dismissal of Amended Antitrust Complaint

  Back in January, I covered the case of Cascades Computer Innovation LLC v. RPX Corp., 2013 U.S. Dist. LEXIS 10526 (N.D. Cal. Jan. 24, 2013), where Judge Yvonne Gonzalez Rogers dismissed – with leave to amend – Cascades’ antitrust … [Continue reading]

Trademark Misuse Is ^Almost^ Never an Antitrust Injury

Trademarks are commonly thought to convey no market power. In RJ Machine Co. v. Canada Pipeline Accessories Co., Case No. 1:13-cv-00579-SS (W.D. Tex. Nov. 22, 2013) (Sparks, J.), the court dismissed antitrust claims predicated upon alleged trademark … [Continue reading]

Injunctive Relief, but not Damages Class, Certified in NCAA Student-Athlete Litigation

In In re NCAA Student-Athlete Name & Likeness Licensing Litigation, 2013 U.S. Dist. LEXIS 160739 (N.D. Cal. Nov. 8, 2013) (Wilken, J.)., the Court certified a class of current and former student-athletes seeking injunctive relief, but declined to … [Continue reading]

Speaking on Antitrust Issues in Intellectual Property Licensing Transactions

FYI, I will be speaking on "Antitrust Issues in Intellectual Property Licensing Transactions" on November 6, 2013 at 1:00 P.M. Eastern Time.  Here is a link to the webinar program.  I will be covering the Nine "No-Nos" of antitrust/intellectual … [Continue reading]

Is the California Unfair Practices Act a Free Pass on Motions to Dismiss?

Probably not, but UPA claims can be tough to defeat at the motion to dismiss stage. Witness Rheumatology Diagnostics Laboratory, Inc. v. Aetna, Inc., 2013 U.S. Dist. LEXIS 151128 (N.D. Cal. Oct. 18, 2013) (Orrick, J.), where the court dismissed many … [Continue reading]

A Useful Reminder About Sham Litigation as Exclusionary Conduct

In Surface Supplied, Inc. v. Kirby Morgan Dive Systems, Inc., 2013 U.S. Dist. LEXIS 143478 (N.D. Cal. Oct. 3, 2013) (Chesney, J.), the Court dismissed attempted monopolization and monopolization counterclaims with leave to amend. The Court found a … [Continue reading]

Allegations of Harm to Competition Caused by Multiple Defendants Can’t be Aggregated

Earlier this year, I covered the case of Orchard Supply Hardware LLC v. Home Depot USA, Inc. See this post. On September 19, 2013, the court (the Northern District of California) issued its decision on defendants’ motion to dismiss the plaintiff’s … [Continue reading]

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