antitrust and ip
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Antitrust & IP

Actual or alleged conduct by intellectual property owners may give rise to private antitrust cases or actions by competition enforcement agencies. Antitrust issues may arise when, for example, patent, copyright, or trademark owners are alleged to have anticompetitively exploited their IP rights or, in the merger context, when intellectual property rights may be alleged to constitute a barrier to entry. CRA offers a team of world-class economists who specialize in the economics of antitrust and intellectual property. We have provided oral and written expert testimony in hundreds of legal disputes involving intertwined IP and antitrust issues such as:

  • Breach of contract
  • Patent, trademark and copyright infringement
  • Commercial disputes
  • Patent misuse
  • False advertising
  • Pay-for-delay and reverse payments
  • Fair, Reasonable and Non-Discriminatory (FRAND) royalties
  • Unfair competition
  • Lanham Act
  • Violation of trade secrets
  • Licensing consulting and litigation avoidance
  • Walker process and other antitrust counterclaims
  • Market definition

Engagements

  • 01
    CRA economists assisted TCL in its litigation against Ericsson
    CRA economists assisted TCL in its litigation against Ericsson involving a determination of FRAND rate for cellular standard SEPs in the US and in China. The...
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  • 02
    Economic analysis in a product hopping litigation
    This case involved a blood thinner drug whose initial patent had expired. The brand company improved the product and obtained additional patents on those...
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  • 03
    Economic analysis of generic test specification standards
    This matter involved scientific tests for generic drug closeness to the brand, as required by the FDA. The plaintiff alleged deceptive conduct within the...
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