Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

A Member of the Law Professor Blogs Network

Tuesday, December 8, 2009

The Second Circuit Cautiously Expands Walker Process Standing in In re DDAVP

Posted by D. Daniel Sokol

Aidan Synnott (Paul Weiss) & Charlene Jones (Paul Weiss) illustrate how The Second Circuit Cautiously Expands Walker Process Standing in In re DDAVP.

ABSTRACT: In October 2009, the United States Court of Appeals for the Second Circuit became the first appeals court to decide that direct purchasers have standing to assert Walker Process claims. In so holding, the court did three interesting things: (1) it retained jurisdiction based on a minor aspect of plaintiffs’ claims, despite defendants’ arguments that the case belonged in the Federal Circuit because it concerned issues that arose under patent law; (2) it was very cautious in its expansion of antitrust standin

http://lawprofessors.typepad.com/antitrustprof_blog/2009/12/the-second-circuit-cautiously-expands-walker-process-standing-in-in-re-ddavp-.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef0120a6dd0aed970b

Listed below are links to weblogs that reference The Second Circuit Cautiously Expands Walker Process Standing in In re DDAVP :

Comments

Post a comment