Bates White’s extensive experience in antitrust offers the breadth necessary to address economic issues at the intersection of antitrust and IP law. We provide rigorous economic analysis, opinions, and expert testimony relating to questions of market definition, market power, and competitive effects. Our experts have provided analysis regarding:
- Antitrust counterclaims arising from alleged patent infringement
- Allegations of monopolization, attempted monopolization, and alleged harm to competition in conjunction with assertion of intellectual property rights
- Liability, reasonable royalties, and lost profits
- Price erosion and other damages
- Injunctive remedies
- Retained as the testifying expert on behalf of Fera in Fera Pharmaceuticals LLS v. Akorn Inc.
- On behalf of Trans Ova Genetics, testified in XY, LLC v. Trans Ova Genetics, LLC, a patent infringement and antitrust dispute in the livestock reproductive services industry.
- Submitted an expert declaration regarding the competitive effects of exclusionary conduct and licensing restraints as part of a merger between manufacturers of home automation systems.
- On a consulting basis, analyzed the potential harm from exclusionary conduct in the market for baseband processors and potential FRAND violations in the licensing of standard essential patents (SEPs).
- Provided liability and damages analysis for Dupont in its litigation against Monsanto regarding alleged antitrust and intellectual property violations. Monsanto originally sued DuPont and its Pioneer subsidiary for infringing Monsanto’s Roundup Ready soybean patent. DuPont countersued, accusing Monsanto of antitrust violations and of fraudulently obtaining the patent.
- Analyzed antitrust counterclaims arising from allegations of trade secret misappropriation in the market for property management software.
- Presented arguments to FTC staff related to antitrust concerns arising from alleged patent misuse on behalf of a purveyor of flash memory devices.
- Served as testifying expert in Static Control Components v. Lexmark Intl. in both the IP and counterclaim cases on affirmative defenses, market definition, market power, and competitive impact for a printer systems manufacturer defending allegations of monopolization.
- In Allflex v. Avid Identification Sys., served as testifying expert on behalf of Allflex.
- In Gulfstream Aerospace Corp. v. Camp Systems Intl., an intellectual property case in the market for commercial aircraft parts and service, analyzed competitive effects, damages estimates, and arguments that the challenged practices were necessary to promote efficient innovation incentives.