As always in antitrust litigation, market definition is key. Fortress says Apple and Intel s new definitions aren t better: the patents are the same, and it s still about technical fields (not specific functions ). Fortress furthermore argues some of the patents do not fit [Apple and Intel s] new market definitions.
The next step is to establish market power in a given market. Here, Fortress criticizes that the complaint does not identify a single price much less a supracompetitive one that anyone has ever paid to license any of Defendants’ patents (just damages demands). Fortress furthermore says the complaint doesn t plead aggregation in the sense of having acquired all or even most of the substitutes in the alleged markets, or that Defendants have aggregated the most important substitutes i.e., the crown jewels in any of the markets. And Fortress argues that makret power alone wouldn t suffice: reduced output is allegedly an indispensable additional requirement i
ABA-IPL eNews March 2021
This year’s ABA-IPL Section Annual Meeting IPLSPRING
Virtual, will provide three days of organizational governance meetings, and five days of CLE education and networking through a dynamic new online platform. An expanded schedule is paced to your day, tailored to your practice and interests, and provide an exciting virtual experience. Gain insight and ideas from IP experts and practitioners, coming together from around the world to share and discuss the most critical issues in IP law.
IPLSPRING
Virtual will be held April 7-16, 2021 with governance, committee and operating board meetings April 7-9, and CLE programming and networking April 12-16.