In perhaps the first case addressing transfer of a federal antitrust action to an MDL court, Judge Leonie Brinkema of the Alexandria Division of the EDVA recently denied a motion to transfer an antitrust action against Google brought by the federal government and eight states, including Virginia.  United States v. Google LLC, Case No. 1:23CV108 (LMB/JFA), 2023 U.S. Dist. LEXIS 42231 (E.D. Va. March 14, 2023).

In Bioness Inc. v. Aretech, LLC, No. 1:22CV679-MSN-IDD, Bioness alleged infringement of 10 patents related to a rehabilitative body weight support device called the “Vector System.” In response, Aretech filed a counterclaim alleging inequitable conduct and anticompetitive conduct in violation of the Sherman Act. The court denied Bioness’ motion to dismiss the inequitable conduct claims but dismissed the antitrust counterclaims.

The Eastern District of Virginia has long been one of the country’s most active venues for patent litigation, primarily because of its speedy docket.  A few years ago, Robert Angle and I wrote an article, found here, that takes a deep dive into why patent litigants file suit in the EDVA and how parties can navigate the many pitfalls and traps created by the rapid EDVA civil case schedule and the EDVA-specific patent case management practices.