This month, we discuss In re DDAVP Direct Purchaser Antitrust Litigation,1 in which the U.S. Court of Appeals for the Second Circuit addressed the standing of a class of direct purchasers to bring Walker Process claims for antitrust liability. In an opinion written by Judge John M. Walker and joined by Judge Wilfred Feinberg and Judge Debra Ann Livingston, the court vacated a decision by the U.S. District Court for the Southern District of New York dismissing plaintiffs’ class action antitrust complaint for, inter alia, lack of standing.
In a case of first impression in any appellate court, the court held that direct purchasers have standing to bring a Walker Process claim—that is, an antitrust claim premised on defendant’s enforcement of a patent obtained by fraudulent means—for patents that are already unenforceable due to inequitable conduct. The court, however, declined to decide whether purchaser plaintiffs per se have standing to raise Walker Process claims, leaving for another day the extent of this expansion of standing doctrine.
Procedural History
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
