Non-Infringement of a Patent Also Not an Antitrust Injury

Overview


Stefan Meisner wrote this bylined article on Cascades Computer Innovation, LLC v. RPX Corp. and Samsung Electronics Co., in which the Ninth Circuit upheld dismissal of an antitrust suit where a jury verdict in a parallel case found no patent infringement. As a result, he wrote, “seeking an antitrust remedy where no patent infringement is found … doesn’t appear to be a winning strategy in private causes of action.”