Dowd Scheffel Files Amicus Brief for Hon. Paul R. Michel in Important Antitrust Case

On October 28th, Dowd Scheffel filed an amicus brief for the Honorable Paul R. Michel (ret.) in a key antitrust case involving refusal-to-deal claims.  In the brief, Judge Michel backed Invisalign Technology against the plaintiffs’ attempt to appeal a California federal judge’s decision to grant summary judgment to Align. The issue stems from an assertion that Invisalign was monopolizing by illegally refusing to deal with their rival 3Shape. The amicus brief argues, in summary, that the courts must strike a balance between restrictions on illegal anticompetitive methods and the ability for patent owners to protect their property, “Antitrust law should not play the role of Monday morning quarterback to reasonable patent-enforcement decisions.”  A copy of the amicus brief is attached.  

0067. (10-29-2024) P. Michel Amicus Curiae Brief.pdf

Download PDF • 13.51MB