Bradley attorney Mike Denniston was quoted in Bloomberg Law on tech companies using antitrust as a defense in patent cases. Intel Corp. and Apple Inc. are claiming that Fortress Investment Group LLC aggregation of electronics patents into a massive portfolio hurts competition. Experts have considered the possibility of applying antitrust law to attack patent assertion entities or non-practicing entities whose business model is focused on buying patents and accusing alleged infringers in hopes of raising revenue. However, companies using the antitrust line of attack in litigation is new.
“It’s a theory that we haven’t really seen before,” said Denniston.
He said the Fortress case “is an important case for the patent and antitrust bar and is going to be looked at and monitored very closely,” including by companies that are frequent targets of non-practicing entities.
The complete article, “Intel, Apple Using Antitrust as New Weapon in Patent Fights,” first appeared in Bloomberg Law on March 5, 2020.