Seventh Circuit’s Rejection of Insurers’ Monopolization Case is Not the Final Word on “Patent Thicket” Litigation

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The theory that patent holders can be held liable under the antitrust laws for blocking competition with a thicket of patents may be down—but it is not out. Although the “patent thicket” theory was unsuccessful in Mayor and City Council of Baltimore, et al. v. AbbVie Inc., et al., this recent decision of the U.S. Court of Appeals for the Seventh Circuit hints at ways that theory could support a viable monopolization claim.