Practice Areas

Related antitrust

Claims for monopolization and attempted monopolization under the federal Sherman and Clayton Acts, and under related state statutes, are often made in IP lawsuit complaints or as counterclaims for suits perceived, or at least alleged, to be frivolous. The anti-trust law as to monopolization is complex and distinct from that of intellectual property, which tolerates and indeed encourages the limitation of competitive rights of others as against innovations and distinctive creations. Such counts and counterclaims are typically dismissed on motion with minimal discovery, but they nonetheless must be taken seriously and experienced counsel retained to deal with the issues raised.

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