Antitrust Claims To Stand In Smart Card IP Suit

Law360, New York (September 15, 2009, 6:21 PM EDT) -- A federal judge has refused to dismiss smart card maker Intercede Ltd.'s allegations that rival Actividentity Corp. monopolized the relevant market by failing to disclose to a standards-setting organization a patent covering technology for remotely updating the devices.

Judge Vaughn R. Walker of the U.S. District Court for the Northern District of California handed down the order Friday, keeping Intercede's counterclaims for monopolization and unenforceability in play but tossing the company's allegations of fraud, saying they did not meet a heightened pleading standard.

The judge granted...
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