Intellectual Property Law

New Matter FALL 2018, Volume 43, Number 3

Case Comments

Lowell Anderson

Stetina Brunda Garred & Brucker


Sherman Act monopolization and attempted monopolizations claims have a four-year statute of limitations which may be tolled by a continuing conspiracy to violate the antitrust laws and for which the party asserting the claim has the burden of proof. Defendant failed to make a sufficient showing of a continuing conspiracy to avoid summary judgment so dismissal of the antitrust claims was affirmed. A jury finding that the patents were not proven invalid was also affirmed. XY, LLC v. Trans Ova Genetics, L.C., 890 F.3d 1282, 127 U.S.P.Q2d 1084 (Fed. Cir. 2018).

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