Panasonic, Toshiba Will Face SD Card Antitrust Class Anew

Law360, Los Angeles (May 14, 2014, 4:07 PM EDT) -- The Ninth Circuit revived a putative consumer class action alleging Panasonic Corp., Toshiba Corp. and SanDisk Corp. tried to limit competition in the secure disk memory cards market via patent-licensing restrictions, ruling Wednesday that a district judge had improperly found that the plaintiffs' claims were time-barred.

A three-judge appellate panel said U.S. District Judge Jeffrey S. White shouldn't have dismissed the consumers' federal antitrust claim because they sufficiently alleged that the defendants engaged in continuing violations through new sales of SD cards and because any injury to the plaintiffs would have been speculative prior to the dates they bought the cards....

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