Hydranautics

MEMORANDUM *

Hydranautics appeals the district court’s grant of summary judgment in favor of FilmTec Corporation (“FilmTec”) on Hydranautics’ malicious prosecution and antitrust claims. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Hydranautics’ malicious prosecution claim fails as a matter of law because FilmTec prosecuted its patent infringement action against Hydranautics with probable cause. 2 We have already held that absent fraud or perjury a conclusive presumption of probable cause attached when FilmTec prevailed in its patent infringement action against Hydranautics at the trial level. 3 Hydranautics failed to *676 rebut this presumption when it pointed to no evidence that FilmTec engaged in fraud or perjury in procuring its initial judgment against Hydranautics. 4 Hydranautics’ failure to rebut the probable cause presumption also causes Hydranautics’ antitrust claim to fail as a matter of law.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

. See Keenan v. Allan, 91 F.3d 1275, 1278 (9th Cir.1996) ("A grant of summary judgment should be affirmed only if the evidence,…