Stifling Competition

Handgards vs. Ethicon (Johnson & Johnson)

Blecher & Collins brought a successful antitrust action against Johnson & Johnson, on behalf of Handgards, a Nebraska company engaged in the manufacturing, distribution and sale of disposable plastic gloves. The suit concerned Johnson & Johnson's continued bad faith prosecution of a patent infringement suit against Handgards as an integral part of an overall plan to monopolize the industry and eliminate Handgards as a competitor in the sale of disposable gloves. The jury found Johnson & Johnson guilty, and our client recovered $19 million after two trials and two appeals. The Court established this particular behavior as a new principle of antitrust law with the case illustrating how litigation can be abused to stifle competition.