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[Greedy,Greedy,Greedy]

Originally Posted by Hank Chinaski

I clearly do not understand antitrust. My biggest client was gunshy about antitrust because a former firm had sued a small service company for patent infringement of a method of repair patent. Within a year that flipped into defending antitrust counterclaims.

So when we wanted to sue another big auto supplier for patent infringement of a transfer case patent HQ flew out DC antitrust counsel to bless the filing. I thought it routine, and no big deal. To get the patent we had to avoid a dozen prior systems that anyone could use.

DC guy says “no no no, if we define the market as the exact transfer cases covered by your patent this lawsuit is an attempt to monopolize,” or whatever the fuck it was we weren’t supposed to be doing.

Finally I just said “dude that would mean you should never file a patent lawsuit, and we should advise HQ to stop even getting parents.”

He kind of looked at the ground for a second then flew back home after blessing my case!

Define the market right (say Guernica posts) and I have a monopoly here. It is stuff and nonsense.

I feel your pain.

Anti trust in the pharma world is a strange brew. You can have cases where the way you settle a case to comply with an antitrust exception itself raises new antitrust issues (the "pay for delay" cases). But Ty can explain it all to you.