Antitrust & Patent Misuse Litigation

Knobbe Martens offers a unique blend of technical skill, business acumen, strategic ability and legal acuity in the area of antitrust law and the preservation of intellectual property. Our firm litigates claims involving a wide range of antitrust issues, including monopolization, attempted monopolization, tying, group boycotts, conspiracies, bundling, price fixing, exclusive dealing, restraint of trade and patent misuse. We also structure agreements that strike the right balance between our clients' business goals and compliance with antitrust laws.

Our firm is highly adept at handling antitrust cases involving sophisticated and cutting-edge technologies. Our attorneys across all offices maintain strong technical and scientific backgrounds in addition to hands-on experience in both the law and industry. As a result, we immediately understand even the most complex innovation, providing clients with practical insight into the impact of our legal counsel on commercial objectives.

Moreover, we deliver valuable expertise on cases at the vanguard of antitrust issues and IP rights. Our attorneys have decades of experience protecting and enforcing IP of all kinds. We are agile and able to anticipate and mitigate the discrepancies that occur in antitrust and IP law. Our team provides the requisite solutions needed to vigorously defend against the patent misuse and antitrust counterclaims that arise in today’s patent infringement assertions.

Successes

Masimo Corp. v. Philips (D. Del.) 

Defended Masimo against antitrust claims asserting monopolization, attempted monopolization, tying, conspiracy, group boycott and restraint of trade. Also represented Masimo in its assertion of antitrust claims of monopolization, attempted monopolization and restraint of trade against Philips. Masimo filed for summary judgment on Philips’ antitrust claims. The parties thereafter settled the dispute, which also involved patent infringement claims, for a lump sum payment of $300 million to Masimo and a business relationship involving the availability of Masimo technology in Philips products. (https://www.knobbe.com/news/2016/11/knobbe-martens-client-masimo-enters-multi-year-business-partnership-agreement-philips)

Masimo Corp. v. Shenzhen Mindray and Mindray DS USA (C.D. Cal. & D.N.J.) 

Defended Masimo against antitrust claims asserting monopolization, attempted monopolization, conspiracy, group boycott, tying and restraint of trade. Assisted Masimo in its defense against antitrust claims in China. Shortly before trial commenced in California, Mindray agreed to settle the dispute, which also involved patent infringement claims, for a $25 million payment to Masimo and a business relationship involving the availability of Masimo technology in Mindray’s products.

Partner Stephen Larson authored "IP Antitrust News: Recent Court Decisions at the Intersection of Antitrust & Intellectual Property Law," which was published in The AIPLA Antitrust News, a publication...
Partner Stephen Larson authored "Balancing the Antitrust And Copyright Laws: The Tenth Circuit Adopts the First and Federal Circuits’ Approach to Monopolization Claims Based On Refusals to License"...