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Judge Strikes Antitrust Complaint Against Fortress

September 30, 2021

Judge Edward M. Chen of the Northern District of California has granted in part a motion to dismiss and to strike a second amended complaint filed by Intel and Apple, ending, for now, antitrust litigation against a group of plaintiffs associated with Fortress Investment Group LLC. Apple (which exited the case in June of this year) and Intel had argued that the defendants violated antitrust and unfair competition laws by aggregating and asserting a “massive but obscured” patent portfolio in order to charge supracompetitive royalty rates. Meanwhile, USPTO records reflect recent assignment activities involving two Fortress NPEs, and the telecom unit of Fortress’s corporate parent, SoftBank, has reportedly acquired from Alphabet a portfolio of roughly 200 Loon patents.


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