In his article published recently by Today’s General Counsel (TGC) magazine, Jeffery M. Cross, a member of the Litigation Practice Group and Antitrust & Trade Regulation Group, writes about his trial experience involving the idea that sham litigation can strip away the immunity from antitrust liability that is normally granted to a patent owner bringing an infringement action, via the Noerr-Pennington doctrine. The article also outlines this important principle of antitrust law, as well as its origins, as Mr. Cross makes the case why litigants need to be aware of the sham exception. The article, “Litigation Immunity and Sham Litigation,” is the latest installment of Mr. Cross’ "The Antitrust Litigator" column published by Today's General Counsel magazine. The article appears in the magazine’s Summer 2019 issue.
To read the article, click here and turn to pages 46-47.