Magnetar Technologies Corp. v. Intamin, Ltd.

Plaintiff-Appellant/Cross-Appellee Magnetar Technologies Corporation (Magnetar) alleges that Defendant-Appel-lee/Cross-Appellant Intamin Limited (In-tamin) maliciously prosecuted a patent infringement action against it, asserting U.S. Patent No. 6,062,350 (’350 Patent). Magnetar claims that Intamin prosecuted the action even though the '350 Patent was invalid pursuant to the on-sale bar of 35 U.S.C. § 102 (on-sale bar). Magnetar also contends that Intamin, along with its European affiliate corporations, used the invalid '350 Patent to monopolize the market for magnetic braking systems, in violation of Section 2 of the Sherman Antitrust Act, 15 U.S.C. §§ 1-7 (Sherman Act).

The district court granted summary judgment to Intamin, holding that a reasonable attorney could have concluded that the on-sale bar did not apply to the '350 Patent, and that Intamin thus could not have maliciously prosecuted Magnetar for patent infringement. The district court also ruled that Magnetar had offered insufficient evidence to prove an antitrust injury in its antitrust claims against Inta-min.

In its cross-appeal, Intamin contends that the district court erred by not imposing Rule 37…