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Aidan Synnott and Charlene Jones Publish Article in Global Competition Policy on the Second Circuit's Decision in In re DDAVP
December 3, 2009 Full PDF
Litigation partner Aidan Synnott and associate Charlene Jones published an article in the November 2009 issue of Global Competition Policy (GCP) titled "The Second Circuit Cautiously Expands Walker Process Standing in In re DDAVP." The article analyzes the Second Circuit's opinion, concluding that the court was correct in holding that merely being a direct purchaser should not preclude one from having antitrust standing to assert a Walker Process claim (as the authors predicted in a prior article published in the November 2008 issue of GCP titled "From Walker Process to In re DDAVP: Should Direct Purchasers have Antitrust Standing in Walker Process Claims?"). The authors note, however, the narrowness of the Second Circuit's holding, which limited direct purchasers' antitrust standing to raise Walker Process claims only "for patents that are already unenforceable due to inequitable conduct."