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December 4, 2012

Ritz Camera & Image, LLC v. SanDisk Corp.

Arnold & Porter Advisory

The Federal Circuit has ruled that direct purchasers of a product covered by a patent have standing to bring Walker Process antitrust claims alleging that a patent holder obtained and enforced the patent through intentional fraud on the Patent and Trademark Office (PTO). The court, in Ritz Camera & Image, LLC v. SanDisk Corp., No. 2012-1183 (Fed. Cir. Nov. 20, 2012), held that such plaintiffs have standing even if they face no threat of an action for patent infringement and have no basis under the patent laws for seeking a declaratory judgment holding the patent invalid or unenforceable.

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Asim Varma
Asim Varma
Partner
Washington, DC
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