A U.S. Court of Appeal for the Federal Circuit provides additional guidance regarding the limits on standing to bring a Walker Process antitrust claim against a patent owner (Ritz Camera & Image / SanDisk)

The Court of Appeal for the Federal Circuit recently provided additional guidance regarding the limits on standing to bring a Walker Process antitrust claim against a patent owner and arguably expanded the class of parties eligible to bring such a claim. Under the Supreme Court's holding in Walker Process Equipment, Inc. v. Food Machinery & Chemical Corp.,382 U.S. 172 (1965), a party who uses a patent to obtain or preserve a monopoly may be subject to antitrust liability when the patent was procured through intentional fraud on the United States Patent and Trademark Office ("USPTO"). In Ritz Camera & Image, LLC v. SanDisk Corp.,700 F.3d 503 (Fed. Cir. 2012), the Federal Circuit considered whether a direct purchaser of goods protected by a patent has standing to pursue a Walker

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  • Gill Jennings & Every (London)

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Yelena Morozova, A U.S. Court of Appeal for the Federal Circuit provides additional guidance regarding the limits on standing to bring a Walker Process antitrust claim against a patent owner (Ritz Camera & Image / SanDisk), 20 November 2012, e-Competitions Bulletin November 2012, Art. N° 51265

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