Intersection of Antitrust and IP

WilmerHale is uniquely positioned to provide counseling, strategic advice and litigation representation to clients confronting issues involving both antitrust and intellectual property law—and the intersection between the two.

Key Contacts

Areas of Focus

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  • In federal and state courts across the United States, we have a strong record of success in litigating cutting-edge cases at the intersection of antitrust and IP, both at trial and on appeal. We have litigated Sherman Act claims, patent misuse, and many other varieties of federal and state law claims raising cross-disciplinary issues.
  • We have achieved an unparalleled record of success in International Trade Commission (ITC) matters, the outcomes of which are determined not only by patent merits but also by the ITC’s statutory mandate to consider the public interest, including competition concerns.
  • Outside the United States, we work with our international offices and other law firms to represent clients in multi-jurisdictional litigated disputes involving antitrust, intellectual property and the intersection between those disciplines to ensure international coordination of winning strategies for our clients. We also regularly engage with US, European and Asian competition agencies to discuss both policy and specific matters at the intersection of antitrust and IP that are of concern to our clients—drawing on the experience of our partners and senior counsel who have served in high levels of government in the United States and elsewhere.

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