Unitherm Food Systems v. ConAgra
In a case whose $18 million damages award was recently reinstated by the U.S. Supreme Court, Analysis Group was retained by Unitherm Food Systems, an industrial oven manufacturer, in its suit against ConAgra Foods for antitrust violations in connection with what is termed a "Walker Process" claim. Under this claim, Unitherm alleged that the food manufacturer acquired a patent through fraud on the patent office and then improperly attempted to monopolize the market by using the patent. At an earlier stage of the case, Unitherm succeeded in having the patent invalidated, and the company proceeded to trial on antitrust and tortious interference claims.
An Analysis Group affiliate testified at trial on antitrust issues including market definition, market power, and monopolization, while Analysis Group Managing Principal Jeffrey H. Kinrich testified on the damages Unitherm suffered. The jury found an antitrust violation in line with the expert's testimony and returned a verdict that was essentially the same as Mr. Kinrich's damages claim. ConAgra appealed, arguing that there was not enough evidence to show it had done anything more than try to enforce what it thought was a valid patent. The appeals court ordered a new trial, which Unitherm appealed to the Supreme Court on the basis that ConAgra failed to properly appeal the case. The high court agreed, ruling that ConAgra had waived its right to a new trial on appeal by not filing a required motion after the jury verdict in timely fashion.