(E.D. Va., filed August 15, 2025): Arguing that Plaintiffs urge an unprecedented theory that a defendant can violate antitrust law by incidentally acquiring patents owned by another company, even if, at the time of their acquisition, the defendant is unaware of existing patent claims and their potential, future impact on competitive markets. Plaintiffs’ novel theory of antitrust liability would place a burden on parties to corporate transactions to conduct due diligence on every patent and patent application being acquired and their potential anticompetitive impacts years into the future. J&J’s acquisition of Momenta in 2020 was approved by the FTC and DOJ, and Plaintiffs have provided no reason to second-guess antitrust authorities’ determinations years after the fact.
Status: On February 12, 2026, the Court agreed with ATRA’s position and granted summary judgment.
