Antitrust Advisory: Fifth Circuit Reiterates That Participants in Standard Setting Must Take the Bad With the Good


The U.S. Court of Appeals for the Fifth Circuit held last week that an antitrust plaintiff must do more than show that its competitors, all members of the same standard-setting organization along with the plaintiff, disliked it and wished to see its patent removed from the common standard in order to support its antitrust claims. Golden Bridge Technology, Inc. v. Motorola, No. 07-40954 (5th Cir. Oct. 23, 2008). Rather, to prove an antitrust conspiracy, a plaintiff must submit evidence tending to exclude the possibility that the defendants were acting independently?particularly in the context of a joint standard-setting organization, which is an efficient and pro-competitive means for competitors to make precisely the sort of decisions that were complained of in this case.

See full newsletter for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Mintz Levin | Attorney Advertising

Written by:


Mintz Levin on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.