In re Independent Service Organizations Antitrust Litigation

Xerox Corporation
1994 - 2001

Our attorneys represented Xerox Corporation in a series of Sherman Act cases involving Xerox's policy of refusing to sell spare parts for Xerox copiers and printers to independent service organizations (ISOs). Several ISOs elected to pursue separate suits against Xerox for money damages and injunctive relief. Arnold & Porter successfully defended these follow-on suits and asserted copyright, trademark, and patent infringement counterclaims against the ISOs. The result was a landmark decision by the Federal Circuit, broadly vindicating the rights of intellectual property owners to refuse to deal with others. In re Independent Service Organizations Antitrust Litigation, 203 F.3d 1322, (Fed. Cir.), cert. denied 121 S.Ct. 1077 (2001). That appellate court held that it is not a violation of the antitrust laws for an alleged monopolist to refuse to sell or license its intellectual property to its competitors. Our attorneys won summary judgment against the plaintiff's antitrust claims and recovered substantial damages and attorney fees on Xerox's copyright infringement counterclaims in the district court.

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