In A Twist, Patently Unenforceable Patent Gives Consumers Antitrust Claim
Posted 11/10/09
The Second Circuit’s recent decision in In re DDAVP Antitrust Litigation marks a significant development in the intersection of antitrust and patent law. Consumers now have greater standing to assert antitrust claims involving unenforceable patents.
The Court vacated and remanded a lower court’s dismissal of a purchaser’s antitrust claim against manufacturers for conspiring to keep generic versions of a...