Fed. Circ. OKs Direct Buyers' Patent Fraud Antitrust Suits

Law360, New York (November 20, 2012, 7:11 PM EST) -- Direct purchasers can file antitrust suits alleging that a patent owner obtained a monopoly by fraudulently procuring a patent, the Federal Circuit ruled Tuesday, allowing a proposed class action against SanDisk Corp. over flash memory to proceed.

Upholding a lower court's ruling in favor of plaintiff Ritz Camera & Image LLC, the Federal Circuit rejected SanDisk's claim that direct purchasers cannot bring so-called Walker Process claims because they face no threat of an infringement action and could not file a declaratory judgment suit to challenge the...
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