Antitrust counterclaims

  • On behalf of DuPont, provided damages analysis in litigation against Monsanto regarding alleged patent infringement and breach of contract in the agricultural biotechnology industry. Calculated reasonable royalty amount and evaluated appropriate royalty structure in light of DuPont’s alleged use of Monsanto’s technology. The parties agreed to dismiss antitrust and patent lawsuits filed against each other as part of a broader licensing agreement.
  • Analyzed antitrust counterclaims arising from allegations of trade secret misappropriation in the market for property management software. Assisted counsel with revised complaints, discovery support, and settlement negotiations. Supported testifying expert in preparation of liability report addressing market definition, market power, and harm to competition from defendant’s contractual restrictions.
  • 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. Submitted a declaration and expert report on monopoly power, market definition, and antitrust harm in the domestic pet radio frequency identification market. The matter settled on the eve of expert depositions, with terms favorable to 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.