Consumers Oppose Netflix's Move To Dismiss

Law360, New York (May 24, 2007, 12:00 AM EDT) -- Customers currently waging war against Netflix Inc. for allegedly distorting competition by fraudulently obtaining two patents opposed the DVD rental service's request to dismiss the case on Thursday.

The customers, who are seeking class status, claimed that with the protection of the unenforceable patents, Netflix has kept companies from entering the Internet rental market and imposed supracompetitive prices on consumers.

By committing fraud in its patent application, Netflix “willfully” obtained monopoly power and violated the Sherman Act, according to the plaintiffs, led by Dennis Dilbeck. The...
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