The U.S. District Court for the District of Maryland dismisses the antitrust counterclaims alleging monopolization on the market for maintainance of printers, while allowing the tortious interference claims to continue (Océ North America / MCS)

Aftermarket Monopolization Claims Dismissed as Afterthought* Plaintiff Océ North America, Inc. ("Océ") brought an action against a service market supplier for copyright infringement. Defendant MCS Services, Inc. ("MCS") filed a Kodak-style "aftermarket" monopolization counterclaim, in addition to a series of common law torts, including tortious interference with contractual relations, and prospective advantage. Finding the antitrust allegations of the counterclaim to be "implausible", the district court for the District of Maryland dismissed that claim, while allowing the tortious interference claims to continue. Océ North America, Inc. v. MCS Services, Inc., D.Md., No. 1:10-CV-984-WMN, 6/14/11. Océ manufactures high speed continuous form printers. Such printers utilize large spools of

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  • Sheppard Mullin (Los Angeles)

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Jr. Don T. Hibner, The U.S. District Court for the District of Maryland dismisses the antitrust counterclaims alleging monopolization on the market for maintainance of printers, while allowing the tortious interference claims to continue (Océ North America / MCS), 14 June 2011, e-Competitions Bulletin US Private Enforcement, Art. N° 66589

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