On Tues., Nov. 20, 2012, in Ritz Camera & Image, LLC v. SanDisk Corp., No. 2012-1183, the Federal Circuit (Bryson, Dyk, and Moore) broadened the ability of direct purchasers of patented products to bring claims of antitrust violations under the Walker Process theory of liability (as set forth in the Supreme Court’s opinion inWalker Process Equipment, Inc. v. Food Machinery & Chem. Corp., 382 U.S. 172 (1965)).  The Court found that a direct purchaser of patented goods has antitrust standing and is therefore not categorically precluded from bringing aWalker Process antitrust claim against the patent owner, even when the direct purchaser would not have standing to bring a declaratory judgment claim against the patent owner under the patent laws.
Continue Reading Patent Alert: Federal Circuit Rules that Antitrust Standing Applies to Walker Process Claims (Ritz Camera v. SanDisk)