Handgards, Inc. v. Ethicon, Inc., 743 F.2d 1282 (9th Cir. 1984)

Blecher Collins & Pepperman 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 case concerned Johnson & Johnson’s 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 liable, and Handgards recovered $19 million in damages after two trials and two appeals. The court found that Johnson & Johnson had abused litigation to stifle competition from Handguards and established this particular behavior as a new principle of antitrust law.