Ross E. Elfand

Monopolization

• Graco v. Carlisle – Successfully represented Graco as one of the lead attorneys in an eight-day jury trial, securing a first-of-its kind jury verdict in Graco’s favor rejecting the fraud and antitrust Walker Process counterclaims entirely.
• Live Sports Betting Patent and Antitrust Litigation – Represented the plaintiff as one of the lead antitrust lawyers in litigation against sports betting streaming technology companies.
• Regeneron v. Novartis – Represented Novartis as co-lead counsel in antitrust litigation involving Walker Process monopolization claims relating to a patent covering syringes prefilled with an anti-VEGF drug that treats ophthalmic conditions.
• Rebate Wall Biosimilar Litigation – Represented Pfizer as co-lead counsel in ground-breaking antitrust litigation regarding the impact of contracting and rebating practices on biosimilars.
• In re Aggrenox Antitrust Litigation – Represented Boehringer lngelheim as co-lead counsel in class action multidistrict litigation arising from alleged delay in generic competition to Aggrenox, due to a claimed “reverse payment” patent settlement.
• In re Loestrin Antitrust Litigation – Represented Warner Chilcott in class action litigation challenging the company’s settlements of patent litigation relating to the oral contraceptive Loestrin.

Cartel

• Novo Nordisk Inc. Antitrust Litigation - Co-lead counsel for a defendant in an antitrust putative class action alleging a conspiracy to eliminate, reduce, or limit the facilitation of 340B drug discounts through the delivery of diabetes medications to contract pharmacies.
• Nuclear Power Generation Antitrust Litigation – Co-lead antitrust lawyer for a defendant in an antitrust class action accusing the nuclear power generation industry of colluding to suppress employee wages and share competitively sensitive information.
• In re Blue Cross Blue Shield Antitrust Litig. – Co-lead antitrust lawyer for a group of more than a dozen large healthcare providers who opted out of a $2 billion class settlement and brought their own direct action against the Blue Cross Blue Shield Association and its 33 members companies.
• In re Domestic Drywall Antitrust Litigation – Represented CertainTeed Gypsum in the homebuilders' opt-out antitrust litigation alleging price fixing among producers of drywall products.
• In re TFT-LCD (Flat Panel) Antitrust Litigation – Represented Toshiba in civil cases involving allegations of price-fixing of LCD panels, including two class actions and numerous opt-out cases. Successfully defended the client in two trials (a class action and an opt out case).
• State Attorneys General TFT-LCD Antitrust Litigation – Defended Toshiba as the lead for the defense group in three separate state antitrust actions filed by state attorneys general in Mississippi, Washington, and Illinois.
• Fair Isaac Corporation v. Equifax, et al. – Represented Experian Information Solutions, Inc. in an action brought by FICO, securing summary judgment on the antitrust claims alleging collusion between the three major credit bureaus and a jury verdict in the client's favor on trademark claims.

Global Investigations

• Represented technology companies as global counsel in competition investigations by enforcement agencies in the United States, Europe, India, Argentina, Chile, Mexico, and numerous other jurisdictions.

Ross Elfand is a seasoned antitrust trial lawyer who has served as lead counsel in high profile matters on behalf of  pharmaceutical and technology companies. He regularly represents companies as the lead advocate before competition enforcement agencies, including the Federal Trade Commission, state attorneys general offices, and other agencies around the world. 

Ross often serves as lead counsel in large-scale, complex, and high-risk matters, including multi-district cartel and monopolization cases in the United States. He is a skilled litigator of claims involving the interplay between intellectual property and antitrust laws in the pharmaceutical industry.

Ross is a trusted legal advisor on antitrust risks associated with product development, contracting, marketing, joint ventures, and patent-related issues. He also advises companies in the technology industry regarding the intersection of global privacy and competition laws.