Two Silicon Valley giants are testing a relatively new legal argument that non-practicing corporate entities that hoard patents and make aggressive demands can commit antitrust violations.
Intel Corp. and Apple Inc. are pressing claims against Fortress Investment Group LLC, alleging that the Softbank investment unit’s aggregation of electronics patents into a massive portfolio hurts competition. Capital One Financial Corp. made similar arguments in a case against Intellectual Ventures involving banking technologies and lost, although the substance of its antitrust arguments wasn’t considered on appeal.
Intel and Apple could face an uphill battle, underscored by the hurdles encountered by Capital One. ...
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