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· 1/23/2008

Newcal Industries, Inc. v. IKON Office Solution

Citations

  • 513 F.3d 1038
  • 86 U.S.P.Q. 2d (BNA) 1150
  • 2008 U.S. App. LEXIS 1257
  • 2008 WL 185520

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the validity of the relevant market is typically a factual rather than a legal analysis
  • holding that a motion to dismiss cannot “hinge on factual disagreements rather than legal deficiencies”
  • concluding that allegedly false statements were sufficiently disseminated because they were made in promotional literature distributed to thousands of sales accounts
  • holding that under certain circumstances “the threat of suit is enough to create standing”
  • holding that plaintiff who had already filed a fraud suit under the Sherman Act, Lanham Act, and RICO had standing to seek a declaration that the defendant’s fraudulently procured contracts were invalid
  • stating that there is no requirement to plead with specificity the existence of market power in a relevant market

Source: CourtListener parenthetical corpus (CC0).

Judges: Kleinfeld, Thomas, Burgess

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.