Judge Denies Netflix Motion To Dismiss

By Shannon Henson

Law360, New York (August 23, 2006, 12:00 AM ET) -- A judge has denied Netflix’ request to dismiss claims by rival Blockbuster that it is trying to monopolize the online movie rental market by using unenforceable patents.

Judge William Alsup ruled Tuesday that Blockbuster sufficiently alleged facts to make a claim and survive the motion to dismiss. He also denied Netflix’ bid to at least split the antitrust suit from the company's patent-infringement claims against Blockbuster.

The fight between the movie rental competitors started in April when Netflix accused Blockbuster of infringing on patents for technology...
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