June 30, 2008

Defense Victory: Ninth Circuit Affirms Federal Antitrust and Malicious Prosecution Action

Call & Jensen successfully defended a Ninth Circuit appeal of a victory Call & Jensen had won for its client on malicious prosecution and antitrust claims.

Call & Jensen’s client, European toolmaker Gillet Outillage, was sued under the Lanham Act, Clayton Act, and state tort law for trying to enforce an international patent. Gillet Outillage had voluntarily dismissed a previous patent lawsuit against a U.S. competitor when changes in technology reduced the financial benefit of continuing the infringement action.

The U.S. competitor responded with antitrust and malicious prosecution claims against Gillet Outillage and its prior counsel. Call & Jensen won summary judgment for Gillet Outillage, and the judgment has now been affirmed in a published Ninth Circuit opinion.

For more information contact Wayne Call at wcall@calljensen.com