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Intellectual Property Law
: FileWrapperNinth Circuit: Sufficient evidence of fraud to defeat summary judgment on Walker Process claim
By McKee, Voorhees & Sease, P.L.C.
The Ninth Circuit affirmed and reversed in part. The court affirmed the jury's verdict on the unlawful restraint of trade (§ 1 of the Sherman Act) claim, holding the district court's evidentiary decisions were not an abuse of discretion. As to the summary judgment on the monopolization claim under § 2, the court agreed there was insufficient evidence that the brand-name manufacturer's litigation to prevent the introduction of the generic was a sham. But, the Ninth Circuit held there was sufficient evidence to overcome summary judgment that one of the patents asserted in those cases was obtained by fraud, and remanded the case for further consideration of the § 2 claim under Walker Process.
More on Kaiser Found. Health Plan, Inc. v. Abbot Labs., Inc. after the jump.
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Full post as published by FileWrapper on March 27, 2009 (boomark / email).
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