The world’s largest cranberry companies don’t get along. In the present case Ocean Spray sued Decas for infringement of Ocean Spray’s patent on a processing method which yields minimal excess syrup. Decas counterclaimed for, among other things, tortious interference, abuse of process, and anti-trust violations stemming from Ocean Spray’s assertions of its patent rights during a competitive bidding process (which allegedly led to Decas failing to win the bid).
Judge Zobel denied summary judgment on those counterclaims saying that there is a genuine dispute of fact regarding whether Ocean Spray had sufficient information to assert its patent rights in good faith (and thus avail itself of the Noerr-Pennington immunity).
Ocean Spray Cranberries, Inc. v. Decas Cranberry Products, Inc., 08-11738-RWZ (D. Mass. Apr. 8, 2011)
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