(4th Circ., filed August 19, 2026): Arguing that the Court should reject the novel theory of imposing strict liability and reaffirm that Section 2 requires proof of willful acquisition or maintenance of monopoly power. Under black-letter antitrust law, a monopolization claim requires the “willful” acquisition or maintenance of monopoly power at the time of the relevant patent acquisition. This novel theory of antitrust liability would place an unnecessary burden on parties to corporate transactions to conduct onerous additional due diligence.
