Commission Approves Filing of Joint Amicus Brief with DOJ on Direct Purchaser Antitrust Issues

The Commission has approved the filing of a joint amicus brief with the U.S. Department of Justice in the matter of Ritz Camera & Image, LLC v. SanDisk Corporation, No. 12-1183 (Fed. Cir.). The case concerns whether the Federal Circuit should affirm the district court's holding that the appellee, a direct purchaser of the defendant's products, has standing under the antitrust laws to seek damages for overcharges resulting from a monopoly obtained through the enforcement of patents secured through fraud (a so-called "Walker Process" antitrust claim).

The Commission vote approving the filing of the joint amicus brief was 5-0. It was filed with the U.S. Court of Appeals for the Federal Circuit on May 22, 2012. (FTC File No. P082105; the staff contact is John F. Daly, Office of the General Counsel, 202-326-2244).

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