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Results: 1-4 of 4

Indirect purchaser Plavix class actions tossed for lack of antitrust standing

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • February 18 2011

On January 31, 2011, the District Court for Southern District of Ohio granted defendants' Rule 12(b)(6) motion, dismissing indirect purchaser class actions that challenged proposed reverse payment agreements as anticompetitive under Sections 1 and 2 of the Sherman Act, 15 U.S.C. 1-2

Federal court finds allegations of "bad faith" in sprinkler license agreements to be "vox clamantis in deserto"

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • May 12 2011

On March 22, 2011, the United States District Court for the Northern District of California entered an order granting defendants The Toro Company's ("Toro") motion to dismiss plaintiff Digital Sun's ("Digital") monopolization, unfair competition and fraud claims pursuant to FRCP 12(b)(6

Expanded standing, or "back to basics"? Flash memory direct purchasers found to have standing to assert Walker Process claims

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • March 29 2011

In Ritz Camera & Image, LLC v. SanDisk Corporation, et al., United States District Court, ND Cal., Case No. 5:10-CV02787-JFHRL, the court denied a motion to dismiss in a Walker Process "fraud on patent office" case, and allowed standing to a direct purchaser

ANDA automatic stay of FDA approval does not defeat standing in sham litigation antitrust counterclaim

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • September 20 2011

The District of Delaware recently denied a motion to dismiss an antitrust counterclaim in a patent infringement action in the wake of defendant Mylan, Inc. ("Mylan") having filed an Abbreviated New Drug Application ("ANDA") with the Federal Drug Administration ("FDA"