Judge Tosses Antitrust Claim In Ciba Vision IP Suit

Law360, New York (February 12, 2010, 1:59 PM EST) -- A federal judge has dismissed an optometrist's antitrust and other counterclaims in a trademark infringement suit brought by eye care company Ciba Vision Corp., finding that the defendant failed to sufficiently allege the claims.

Judge J. Owen Forrester of the U.S. District Court for the Northern District of Georgia on Wednesday dismissed Dr. Joseph De Spirito's antitrust counterclaim, along with two other counterclaims relating to an agreement between the parties and unfair competition.

The judge denied De Spirito's request to amend his counterclaims, writing that the...
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