Giuliano
Giuliano v. SanDisk Corp.
Opinion
Lead Opinion
Armstrong, J.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
Plaintiffs, Alfred T. Giuliano, Chapter 7 Trustee to the Ritz Estate; CPM Electronics, Inc. (“CPM”), E.S.E. Electronics, Inc. (“ESE”); and Mflash, Inc. (“Mflash”), bring the instant antitrust class action against SanDisk Corporation (“SanDisk”), pursuant to § 2 of the Sherman Antitrust Act, 15 U.S.C. § 2 . They allege that San-Disk fraudulently obtained two patents from the United States Patent and Trademark Office (“PTO”) in order to monopolize the market for NAND flash memory. This type of antitrust claim is commonly referred to as a Walker Process claim, named for the Supreme Court’s decision in Walker Process Equipment, Inc. v. Food Machinery & Chemical Corp., 382 U.S. 172 , 86 S.Ct. 347 , 15 L.Ed.2d 247 (1965).
The parties are presently before the Court on SanDisk’s Renewed Motion for Summary Judgment and Motion to Exclude Opinions and Testimony of Dr. Ryan Sullivan. Dkt. 312, 313. Having read and considered the papers filed in connection with these matters and being fully informed, the Court hereby GRANTS San-Disk’s motion for summary judgment. Be *855 cause the Court’s ruling is not dependent on the opinions of Dr.…