Hydril Company LP v. Grant Pridco LP, [06-1188](January 25, 2007)[FRIEDMAN, Mayer, Bryson] The Federal Circuit reversed the dismissal of plaintiff’s Walker Process antitrust claim, and the dismissal of plaintiff’s patent infringement claim, and vacated the dismissal of plaintiff’s state law claim.
SIGNIFICANCE: Threat of enforcement against customers is sufficient to give rise to Walker Process claim
BRIEF: The Federal Circuit held that a valid Walker Process claim may be brought based on the threat of enforcement against customers, and thus there was sufficient threat of enforcement to give rise to a Walker Process claim. The Federal Circuit also held that a contract between the parties waiving remedies for a laundry list of claims including “tort” was not sufficient to constitute a waiver of a claim for patent infringement, and in any event had been terminated for breach, and concluded there was no bar to plaintiff’s claim for patent infringement.