Antitrust Claims Stand In Hearing Aid Patent Suit

Law360, New York (March 20, 2008, 12:00 AM EDT) -- A federal judge has refused to dismiss antitrust counterclaims from a patent infringement dispute over hearing aid patents, ruling that counterclaimant Phonak LLC had adequately alleged collective activity resulting in restraint of trade.

Judge Claire V. Eagan of the U.S. District Court for the Northern District of Oklahoma denied Hear-Wear Technologies LLC’s motion to dismiss Phonak’s counterclaim on Tuesday, allowing the Swiss company’s antitrust allegations to stand.

“Phonak’s factual allegations, if true, would support the existence of antitrust injury,” Judge Eagan said. “The court concludes, therefore,...
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