We have built particular experience in cases at the intersection of antitrust and intellectual property (IP) and we regularly counsel our clients, as well represent our clients in litigation, in this developing area of the law. Representative matters include:
- Defended AMVAC Chemical Corp. against monopolization and attempted monopolization claims related to AMVAC’s acquisition of multiple IP rights and alleged refusal to license IP to competitor. Defeated a motion for preliminary injunction and successfully obtained a TRO enjoining competitor from infringing AMVAC’s IP.
- Representation of Husqvarna AB, a Swedish-based leader in the global market for outdoor power products, and two U.S. subsidiaries in defense of Sherman Act Section 1 and Section 2 lawsuit by competitor related to defendants’ enforcement of patent portfolio against competitors. We also asserted patent infringement counterclaims against the competitor. Plaintiff’s counsel dismissed its antitrust claims against Husqvarna without any monetary payment.
- Represented Sabre Holdings Corporation, a major computer reservations system, in an antitrust and intellectual property suit brought by a competitor to enjoin a deal between Sabre and a Singapore-based CRS company; after a four-week preliminary injunction hearing, we obtained a victory for Sabre.
- Represented MCI and four other telecommunications companies in defense of patent and copyright claims asserted as counterclaims to an antitrust suit. A month before trial, we were asked to be lead trial counsel to defend against the claims, which sought more than $300 million based largely on undisputed conduct; after 5-week jury trial counterclaim plaintiff won only $1 million against all five clients, less than the amount it expended on its damages expert.
- Representation of major mobile device manufacturer in multiple claims against parties claiming to hold IP essential to telecommunications standards, including claims for abuse of standard-setting process and failure to honor licensing obligations.
- Represent leading generic drug manufacturer in antitrust counterclaims against branded drug manufacturer who sued our client for infringement.
- Representation of Intel in antitrust litigation and government investigations in the United States, Japan and Korea alleging monopolization and manipulation of standard-setting bodies.
- Representation of Equifax in the defense of lawsuit by Fair Isaac Corporation (“FICO”) asserting Sherman Act Section 1 and Section 2 claims, as well as trademark claims, against Equifax and other credit bureaus related to creation of new credit score to compete with FICO score; through aggressive litigation, we enabled Equifax to achieve a settlement without any monetary payment.
- Representation of large electronics manufacturer against claims alleging that licensing practices of a patent pool and implementation of standards applicable to the manufacture of DVDs and DVD players violated Sections 1 and 2 of the Sherman Act and the California Cartwright Act.
- Representation of flash-frozen ice cream manufacturer in defense of patent infringement and trademark lawsuit. We asserted a counterclaim for Walker Process antitrust liability against the patent holder.
- Counseled leading pharmaceuticals manufacturer on antitrust implications related to pharmaceutical patent settlements.
- Counseled major financial services company on standard setting and IP issues related to new standard for health savings account-qualified debit cards.
- Counsel numerous firm clients regarding antitrust concerns related to licensing agreements, cross-licensing agreements, patent pools and trade associations.