Non-Infringement of a Patent Also Not an Antitrust Injury | McDermott

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Non-Infringement of a Patent Also Not an Antitrust Injury

December 19, 2017

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Stefan Meisner wrote this bylined article on Cascades Computer Innovation, LLC v. RPX Corp. and Samsung Electronics Co., in which the Ninth Circuit upheld dismissal of an antitrust suit where a jury verdict in a parallel case found no patent infringement. As a result, he wrote, “seeking an antitrust remedy where no patent infringement is found … doesn’t appear to be a winning strategy in private causes of action.”

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