Braintree Labs v. Schwarz Pharma, Inc., __ F.Supp.2d __, No. 03-477-SLR, 2008 WL 2944655 (D. Del. July 31, 2008)

Posted on September 12, 2008 by Sheppard Mullin

In a July 31, 2008 decision, the District Court of Delaware rejected antitrust and unjust enrichment claims by a generic drug manufacturer for failing to satisfy the “sham litigation” exception to the Noerr-Pennington Doctrine. Braintree Labs v. Schwarz Pharma, Inc., __ F.Supp.2d __, No. 03-477-SLR, 2008 WL 2944655 (D. Del. July 31, 2008).

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Ninth Circuit Affirms Dismissal Of Foreign DRAM Purchaser's Price-Fixing Claim For Lack Of Subject-Matter Jurisdiction Under The Foreign Trade Antitrust Improvement Act

Posted on September 12, 2008 by Sheppard Mullin

On August 14, 2008, the United States Court of Appeals for the Ninth Circuit affirmed a district court's dismissal for lack of subject-matter jurisdiction of a foreign DRAM purchaser's claim of price fixing against defendant DRAM manufacturers.  In re Dynamnic Random Access Memory (DRAM) Antitrust Litig., No. 06-15636 (9th Cir. 8-14-2008).

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