Intellectual Property and Tech Law Reports

Broadcom Corp. v. Qualcomm Inc.

This appeal presents important questions regarding whether a patent holder’s deceptive conduct before a private standards-determining organization may be condemned under antitrust laws and, if so, what facts must be pled to survive a motion to dismiss. Broadcom Corporation (“Broadcom”) alleged that Qualcomm Inc. (“Qualcomm”), by its intentional deception of private standards-determining organizations and its predatory acquisition of a potential rival, has monopolized certain markets for cellular telephone technology and components, primarily in violation of Sections 1 and 2 of the Sherman Act and Sections 3 and 7 of the Clayton Act. The District Court dismissed the Complaint, and Broadcom appeals. For the reasons that follow, we conclude that Broadcom has stated claims for monopolization and attempted monopolization under § 2 of the Sherman Act – Claims 1 and 2 of the Complaint. We also conclude, however, that Broadcom lacks standing to assert a claim for unlawful monopoly maintenance in
a market in which it neither competes nor seeks to compete – Claim 7 – and that it has failed to allege an antitrust injury sufficient to state a claim under § 7 of the Clayton Act – Claim 8. We will, accordingly, affirm in part, reverse in part, and will order the reinstatement of Broadcom’s state and common-law
claims.

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Dippin' Dots, Inc. v. Mosey

This is a patent infringement and antitrust case dealing with a unique ice cream product. Plaintiffs Dippin’ Dots, Inc. and Curt D. Jones (collectively “DDI”) appeal from the district court’s claim construction and summary judgment of noninfringement of U.S. Patent No. 5,126,156 (“the ’156 patent”) and from the judgment following jury trial that all claims of that patent are obvious, that the patent is unenforceable due to inequitable conduct during prosecution, and that DDI violated the antitrust laws by asserting a patent that had been procured through fraud on the Patent Office. We affirm the judgments of noninfringement, obviousness, and unenforceability, but reverse as to the antitrust counterclaim.

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Hydril Co. LP v. Grant Prideco LP

This appeal challenges the district court’s dismissal, under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a valid claim for relief, of a complaint alleging that the defendant (1) monopolized two product markets by enforcing a patent that had been obtained by fraud on the Patent and Trademark Office, (2) infringed a different patent that the appellant owns, and (3) breached a contract between the parties. We reverse the dismissal of the antitrust and patent claims, vacate the dismissal of the state law claim, and remand for further proceedings.

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Apple Faces Antitrust, New Patent Case

By Erika Morphy
www.MacNewsWorld.com
Part of the ECT News Network
01/03/07 8:19 AM PT

Tucker v. Apple Computer alleges that Apple is violating antitrust law because content purchased from iTunes can only be played on the Apple-manufactured iPod and no other device. In the PhatRat Technology v. Apple Computer case, PhatRat alleges that the Nike + iPod product offering -- which uses a sensor to connect Nike shoes to the iPod -- infringes on several of its own patents.

As 2007 begins, Apple (Nasdaq: AAPL)  executives might wish they could make a resolution to spend less time in the courtroom. However, like many New Year's resolutions, that is unlikely to occur.

The company has been served with 11 suits in the past six months, according to a recent Securities and Exchange Commission filing. Several of the suits relate to its backdating of options; others, such as Tucker v. Apple Computer and PhatRat Technology v. Apple Computer, deal with antitrust and patent issues, respectively.

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Schor v. Abbott Labs.

Judge Easterbrook writes for the court dismissing an antitrust action under the Sherman Act for failure to state a claim.  The suit was brought against the holder of an HIV combination drug therapy.

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