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 and allowing Graco to avoid damages and attorneys’ fees.

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 and obtained appellate victory in challenge to class action settlements.

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

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 compensation 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 antitrust litigation against the Blue Cross Blue Shield Association and its 33 member companies, alleging that the Blues violated the antitrust laws by allocating markets through exclusive service areas and fixing prices paid to healthcare providers.

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. After a six-week trial where the Plaintiff alleged damages of over $2 billion, the jury unanimously found no liability against Toshiba. In an earlier six-week trial, the jury found no recoverable damages against Toshiba where the Plaintiffs alleged class-wide damages of nearly $3 billion.

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, the dominant provider of consumer credit risk scoring services, against the three major U.S. credit bureaus alleging collusion and trademark violations in the sale of credit scoring services, securing summary judgment on the antitrust claims and a jury verdict on the trademark claims. The jury also found that FICO committed fraud on the U.S. Patent and Trademark Office in procuring registration of the trademark. Secured affirmation of both the antitrust dismissal and the jury's verdict on appeal to the Eighth Circuit Court of Appeals.

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.