United States Federal Circuit

Dismissal of antitrust, patent, and state law contract claims involving a type of pipe are reversed in part and vacated in part where: 1) the conduct alleged in plaintiff's complaint would constitute Walker Process fraud; 2) an enforcement ground for dismissal of the antitrust claim was improper; and 3) the parties did not waive the right to sue for patent infringement in a merger agreement.

Appellate Information

• Decided 01/25/2007
• Published 01/25/2007

Judges

• Before MAYER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and BRYSON, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael Hawes, Baker Botts L.L.P., of Houston, TX, argued for plaintiffs-appellants.   With him on the brief were Mitchell Lukin and David M. Rodi.


• For Appellees:
  
• William J. Boyce, Fulbright & Jaworski L.L.P., of Houston, TX, argued for defendants-appellees.   With him on the brief were Gerard G. Pecht and Paul Krieger.