Expansion of The Doctrine Beyond The Antitrust Arena
Since its formulation, the doctrine has been extended to confer immunity from a variety of tort claims, including claims of unfair competition, tortious interference and abuse of process. See, e.g., Thermos Co. v. Igloo Products Corp., 1995 WL 745832, *6 (N.D. Ill. 1995) (holding that “attempts to protect a valid and incontestable trademark” are privileged under the Noerr-Pennington doctrine); Virtual Works, Inc. v. Network Solutions, Inc., 1999 WL 1074122 (E.D. Va. 1999) (applying the Noerr-Pennington doctrine to tortious interference claims); Brownsville Golden Age Nursing Home, Inc. v. Wells, 839 F.2d 155, 159-60 (3d Cir. 1988) (recognizing applicability of the doctrine to abuse of process and other claims); Baltimore Scrap Corp. v. David J. Joseph Co., 81 F.Supp.2d 602, 620 (D.Md. 2000), aff'd, 237 F.3d 394 (4th Cir. 2001) (holding that Noerr-Pennington immunity applies to common law claims). The Ninth Circuit recently held that Noerr-Pennington also protects against RICO Act claims when a defendant has sent thousands of demand letters threatening suit. Sosa v. DirectTV, Inc., 437 F.3d 923, 935 (9th Cir. 2006)(pdf)
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