Alternative Electrodes' Antitrust Claims Kept Alive

Law360, New York (February 6, 2009, 12:00 AM EST) -- A federal judge has refused to dismiss Alternative Electrodes LLC's claims that Encore Medical LP and Empi Inc. ran afoul of federal antitrust law by initiating meritless patent litigation and disparaging the plaintiff's products to protect a monopoly on electrodes for a device that aids with swallowing.

Judge Joseph Bianco of the U.S. District Court for the Eastern District of New York signed off on a memorandum and order on Wednesday dismissing Alternative Electrodes' claims for business disparagement, conspiracy and tortious interference, but declined to throw...
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