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A combination of non-conclusory factual allegations satisfies Twombly for a Sherman Act 1 claim and can proceed to trial

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 28 2010

The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act 1

En banc Federal Circuit addresses patent misuse

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 30 2010

The U.S. Court of Appeals for the Federal Circuit, sitting en banc, has determined that agreements between horizontal competitors to license potentially competing, patented technologies exclusively through a patent pool does not support a patent misuse defense