Ag Law Case Annotations

The GSI Group, Inc. v. Sukup Manufacturing Co., No. 05-3011, 2008 U.S. Dist. LEXIS 73645 (C.D. Ill. Sept. 25, 2008)(defendant infringed on plaintiff’s patent for grain sweep uploading device, but stopped infringing after plaintiff filed suit; plaintiff entitled to pursue injunctive relief and defendant failed to make it absolutely clear that infringement could not reasonably be expected to recur before the matter is rendered moot; but, defendant entitled to summary judgment that subsequent designs of sweep uploader do not infringe on plaintiff’s patents).

Federal Trade Commission v. Whole Foods Market, Inc., et al., No. 07cv01021 (D.C. Cir. Jul. 29, 2008)(court revives plaintiff’s request to block $565 million merger of two organic groceries; court did so reluctantly, noting that plaintiff offered “at best, poorly explained evidence”; while trial court was correct in focusing on market definition, trial court erred by analyzing the product market differently; relevant market should be those consumers who are committed to premium, natural and organic supermarkets).

Been, et al. v. O.K. Industries, Inc., et al., No. CIV-02-285-RAW, 2008 U.S. Dist. LEXIS 51350 (E.D. Okla. Jul. 3, 2008)(under §202(a) of Packers and Stockyards Act, plaintiff must show that defendant’s practice injured, or was likely to injure, competition; case remanded by Circuit Court for trial court to determine whether plaintiff proffered sufficient proof; but, defendant’s chicken production contracts found to violate state law proscription against unconscionable contracts and jury returned verdict of $21,141,975 against defendant; defendant’s motion for new trial denied even though court stated that economic testimony of plaintiff’s expert (Robert Taylor of Auburn University) was “little more than gussied up wealth redistributive theory of probable Marxist origin”); jury verdict reduced to $14,511,935 and plaintiff given until July 13, 2008, to consent to reduced award in lieu of new trial on damages).

In re Southeastern Milk Antitrust Litigation, No. 2:08-MD-1000, 2008 U.S. Dist. LEXIS 44541 (E.D. Tenn. Jun. 6, 2008)(class action lawsuit brought against Southern Marketing Agency (formed by Dairy Farmers of America, Inc.) for alleged conspiracy to suppress prices paid for raw milk while simultaneously raising prices to the region's retailers in violation of the Sherman Act; defendant's motion to dismiss for failure to state claim on basis that Capper Volstead Act provides immunity denied because such defense cannot be resolved through a motion to dismiss).