Law Center Search Results

On August 19, 2026, the NAM filed an amicus brief urging the 4th Circuit to reject a novel theory of antitrust liability that would expose manufacturers to broad liability upon the lawful acquisition of new patents. Carefirst of MD, Inc. v. Johnson & Johnson is a class action in which the plaintiffs argue that J&J’s incidental acquisition of a patent owned by another company is a “willful” acquisition for purposes of a monopolization claim under the Sherman Act. Under this theory, a corporate acquisition encompassing the entire patent portfolio of the acquired company is sufficient to establish willful intent by the acquirer to foreclose competition within the relevant market. Our amicus brief will argue that innocent accumulation of market power cannot be grounds for Sherman Act liability. The willfulness standard requires that plaintiffs show intentional use of market power to stifle competition. The incidental addition of new patents to J&J’s portfolio through its lawful acquisition of another company does not meet this standard. Further, we will argue that imposing liability for anticompetitive effects that were unknown at the time of a lawful patent acquisition would stymie innovation, research, and development, undermining a competitive U.S. economy.