The US Court of Appeals for the 7th Circuit holds that it is fair to require foreign subsidiaries of American companies to seek a remedy in the courts of the country in which they choose to incorporate (Motorola / AU Optronics)

Seventh Circuit Affirms Dismissal of 99% of Motorola’s Claims in LCD Case Based on Motorola’s Lack of Standing* On the day before Thanksgiving—less than two weeks after oral argument—the Seventh Circuit issued its ruling on Motorola’s interlocutory appeal in Motorola Mobility LLC v. AU Optronics Corp., affirming dismissal of the vast majority of Motorola’s claims regarding LCD panels. In its decision, authored by Judge Posner, the Seventh Circuit partially retreated from its prior, vacated opinion and agreed that some of the conduct alleged by Motorola had a sufficiently direct impact on United States commerce to satisfy Foreign Trade Antitrust Improvements Act (“FTAIA”). But despite finding that the defendants’ actions satisfied FTAIA, the court nonetheless found that Motorola was barred

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Authors

  • Patterson Belknap Webb & Tyler (New York)
  • Patterson Belknap Webb & Tyler (New York)

Quotation

Robert P. LoBue, Jonathan H. Hatch, The US Court of Appeals for the 7th Circuit holds that it is fair to require foreign subsidiaries of American companies to seek a remedy in the courts of the country in which they choose to incorporate (Motorola / AU Optronics), 26 November 2014, e-Competitions Bulletin US Supreme Court, Art. N° 70456

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