High Court Asked To Clarify Sham Litigation In Intellectual Property Antitrust Suits

(May 4, 2018, 11:16 AM EDT) -- WASHINGTON, D.C. — Citing a competitor’s purportedly baseless trade dress lawsuit that prevented it from entering the fiberglass utility body (FUB) market, a machine component firm filed a petition for certiorari on March 26, asking the U.S. Supreme Court to decide what constitutes sham litigation to permit antitrust claims to proceed under an exception to the Noerr-Pennington doctrine (Industrial Models Inc. v. SNF Inc., et al., No. 17-1367, U.S. Sup.)....