Purchasers Should Have Standing to Bring Walker Process Claims (Ritz Camera & Image v. Sandisk)

AAI filed a brief in the Federal Circuit urging the court to hold that direct purchasers have standing to bring monopolization claims based on a patent holder’s efforts to enforce a patent obtained by fraud (“Walker Process” claims).  AAI maintained that there is no basis in antitrust law or patent policy to restrict standing to competitors or to require that a patent’s invalidity to be established in a prior proceeding before purchasers can bring suit.

The brief was written by AAI Advisory Board Member Doug Richards, with assistance from attorneys Michael Eisenkraft and David Kalow, Advisory Board Member Dan Gustafson, and AAI Director of Legal Advocacy Rick Brunell.