Walker Process Antitrust Claims: The Jurisdiction Question

Law360, New York (January 30, 2013, 1:07 PM EST) -- In a recent important decision, Ritz Camera & Image LLC v. SanDisk Corporation,[1] the Federal Circuit granted standing to direct purchasers of a patented product to bring a “Walker Process” claim for antitrust liability. A Walker Process antitrust claim may be brought when a patent was procured through intentional fraud on the U.S. Patent and Trademark Office. Under Ritz Camera, direct purchasers can bring these claims against a defendant as a class action, even in circumstances where the class has no standing to challenge the patent’s validity or enforceability.

Because no patent validity or infringement claims were at issue in Ritz...

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