The Ninth Circuit affirmed summary judgment for Tyco Health Care Group on claims that it violated sections 1 and 2 of the Sherman Act via anticompetitive contracts and other bad acts in the market for pulse oximetry sensors and monitors. Tyco tied discounts to buying items from it and came out with a new product
Antitrust
Seed Money for Ponzi Scheme Blooms into Win for Defense
By Barry Barnett on
The Third Circuit held today that an outfit whose raison d'etre consists of fleecing investors can't sue you for giving it funds that enabled it to cut off more and more wool from the innocent sheep.
The court said the act that caused the loss consisted not of furnishing the money. No. That simply made…
The Ugly Beauty of Regulation
By Barry Barnett on
Blawgletter learned in college, to our surprise, that we liked the dismal science. We could do without the math, mind you — regressions, Lagrange multipliers, and whatnot. But we did enjoy the parts that seemed to make practical sense of the world.
On vacation this last week, between the day after Christmas and…
Eighth Circuit Equates Medicaid to Private Insurance as Basis for Antitrust Claim-ectomy
By Barry Barnett on
Blawgletter wishes you a happy new year. Now back to work!
The Eighth Circuit ended its 2009 with a ruling in an antitrust case. The decision turned on market definition — a key battle in cases that don't involve per se unlawful things like cartels that fix prices, restrict output, or allocate customers or territories. (Market…
False Patent Marking Gets Fine “Per Article”, Federal Circuit Rules
By Barry Barnett on
If you've worked in the building trades, you've seen people trudging around with their feet up to a yard or more off the ground. Blawgletter does not refer to self-levitation. We mean instead the workers – often those putting up drywall — who walk on stilts so they can reach high spots at will.
Yesterday, the Federal Circuit used a case involving a…
Bring Back Separation of Church (cBanking) and State (iBanking)?
By Barry Barnett on
Bloomberg today offers a good look at ideas floating in Congress to fix what ails Wall Street, most bigly the unrepeal of a Great Depression law, Glass-Steagall, which joined oblivion in 1999. Blawgletter says check it out.
Microsoft Owes $240MM and Must Quit Word’s XML Editor, Federal Circuit Holds
By Barry Barnett on
The Federal Circuit yesterday upheld almost all of a $240 judgment against Microsoft Corporation for willful patent infringement.
U.S. District Judge Leonard A. Davis presided over a jury trial on i4i's claims. He accepted findings of infringement and willfulness and the jury's verdict of $200 million in damages. He also enhanced the award by $40 million, in part due to…
MDL Panel Heads to Miami for January Session
By Barry Barnett on
FTC Sues Intel for Unfair Chip Competition
By Barry Barnett on
The Federal Trade Commission sued Intel Inc. yesterday for using "its dominant market position for a decade to stifle competition and strengthen its monopoly." Something about the brainy chips — the central processing units — that drive computers.
Press release here. Complaint here.
The administrative suit shows a trial date of September 15…
Supremes Ponder If Courts Must Accept Arbs’ Ruling That Contract Permits Class Relief
By Barry Barnett on
Did you know that "charter party" means a contract to rent a boat or space in or on it? Lots of weird rules govern such maritime agreements. But does a charter party that by its terms mandates arbitration of "any disputes" — like any other contract — allow arbitration on behalf of a…