February 4 2009Court Allows Medical Device Company to Pursue Lawsuit Alleging Unfair Competition and Antitrust Violations
McCulley McCluer and its co-counsel the Lanier Law Firm represent a medical device company, Alternative Electrodes LLC, pursuing unfair competition and antitrust claims against a dominant competitor in a lawsuit pending in the United States District Court for the Eastern District of New York. On February 4, 2009 the Court issued an opinion allowing the lawsuit to proceed. In doing so, the Court held that plaintiff's antitrust theories based on sham patent litigation and product disparagement were viable. A copy of the Court's decision is available here.