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Mark A. Ford

Partner

Ford, Mark A.

Mark Ford is an antitrust litigator. He represents clients across a variety of industries in federal courts and in agency investigations in matters concerning alleged monopolization, price fixing and other forms of collusion. Mr. Ford has extensive experience defending antitrust class actions and litigating cases at the intersection of antitrust and intellectual property law.

For clients in the pharmaceutical industry, Mr. Ford has litigated matters, and regularly counsels clients concerning brand-generic settlements as well as defending allegations of sham litigation, Walker Process fraud, improper “Orange Book” listings and “product hopping.” He regularly advises clients on the antitrust implications of life cycle management strategies. He has represented pharmaceutical companies and their employees in federal court, before the Federal Trade Commission, and in matters brought by the European Commission.

Mr. Ford defends clients in follow-on civil litigation arising from cartel enforcement matters. He has served as lead counsel for companies facing multiple class actions, as well as suits by competitors, in the United States based on findings of cartel activities by foreign enforcers.

Mr. Ford also has extensive experience litigating matters and advising clients on competition issues arising from the assertion of standard-essential patents (SEPs). He has litigated several SEP antitrust claims in federal courts on behalf of clients alleging that SEP holders have violated commitments to license SEPs on fair, reasonable and non-discriminatory terms. Mr. Ford has also appeared before the Department of Justice to address issues of SEP abuse. 

Honors & Awards

Publications & News

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August 30, 2017

District Court Rejects Direct Purchaser Class for Failure to Satisfy Numerosity Requirement

On August 28, 2017, in King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., the Eastern District of Pennsylvania denied class certification for direct purchasers asserting Hatch-Waxman reverse-payment antitrust claims because the 24-25 putative class members did not satisfy the numerosity requirement.

June 9, 2017

The Legal 500 United States 2017 Recognizes 125 WilmerHale Lawyers Across 28 Practice Areas

The Legal 500 United States has released its 2017 rankings, recommending 125 WilmerHale lawyers—including 12 who are named to its elite “Leading Lawyers” list and two on its “Next Generation Lawyers” list—and 28 practice areas in its 11th edition.

May 26, 2017

WilmerHale Lawyers and Practices Recognized in 2017 Edition of Chambers USA

Chambers and Partners announced its rankings for the 2017 edition of Chambers USA: America's Leading Lawyers for Business, with WilmerHale listed among the nation's best in 50 practice area categories. Chambers also ranked 86 WilmerHale lawyers as leaders in their respective fields.

April 10, 2017

The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech

WilmerHale Partners Leon Greenfield and Mark Ford authored the chapter "Walker Process and Sham Litigation" in The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech. In the chapter, the authors discuss the history and development of the Walker Process and sham litigation doctrines, some of the key unresolved issues that courts struggle with today, and scholarship relating to these doctrines.

November 3, 2016

Third Circ. Weighs In On Product-Hopping

An article by Mark Ford, Peter Spaeth and Benjamin Ernst, published by Law360, discusses the Third Circuit weighing in on product-hopping in relation to the Mylan Pharmaceuticals Inc. v. Warner Chilcott Public Limited Co. affirmation among others.

October 19, 2016

Department of Justice Obtains Guilty Plea for Obstruction in Merger Investigation

On October 14, the US Department of Justice's Antitrust Division announced that Ralph Groen, a former information technology executive of the bus operator Coach USA Inc., had pleaded guilty to criminally obstructing justice during a civil antitrust investigation and litigation.

September 29, 2016

Doryx: Third Circuit Affirms Dismissal of Product Hopping Claim

On September 28, 2016, in Mylan Pharmaceuticals Inc. v. Warner Chilcott Public Limited Co. (Doryx), the Third Circuit affirmed the lower court's grant of summary judgment against antitrust claims by generic manufacturer Mylan regarding branded manufacturer Warner Chilcott's alleged “product hopping” activity with respect to its drug Doryx (delayed-release doxycycline hyclate).

June 22, 2016

The Legal 500 United States 2016 Recognizes 111 WilmerHale Lawyers Across 30 Practice Areas

The guide's rankings are based on a series of criteria, including client feedback, interviews with private practice lawyers, and its own research.

May 27, 2016

WilmerHale Lawyers and Practices Recognized in 2016 Edition of Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2016 edition, with WilmerHale ranking among the nation's best in 47 practice area categories. Chambers also ranked 82 WilmerHale lawyers as leaders in their respective fields.

December 5, 2014

Provigil and Nexium: Conflicting Conclusions About Accelerated Entry Provisions in Hatch-Waxman Settlements

An article by Mark Ford, Peter Spaeth and Dana Burwell, published in the December 2014 edition of Bloomberg BNA's Pharmaceutical Law & Industry Report, Vol. 12, No. 1659.

Recent Highlights

  • Represented a pharmaceutical company in defending claims of conspiracy to monopolize based on “product hopping” allegations.
  • Represented an international auto parts manufacturer in US civil antitrust litigation following a finding of cartel activity in Europe.
  • Represented a major company in the oil industry accused of monopolization based on allegations of Walker Process fraud.
  • Represented Cephalon, Inc. in a Federal Trade Commission investigation as well as in federal antitrust litigation pending in the Eastern District of Pennsylvania relating to drug patent settlement agreements.
  • Represented Braintree Laboratories, Inc. in defense of federal antitrust claims arising from alleged sham litigation, prevailing at trial before the United States District Court for the District of Delaware, and successfully dismissing follow-on class action litigation involving indirect purchasers.
  • Represented Research in Motion Ltd. in an antitrust claim against Motorola, Inc. arising from alleged refusal to offer fair and reasonable licensing terms for standards-essential patents, successfully defeating a motion to dismiss those claims before the United States District Court for the Northern District of Texas.
  • Authored amicus briefs to the Second and Third Circuit Courts of Appeals on key antitrust issues facing the pharmaceutical industry, including reverse payments and product hopping claims.
  • Represented leading technology companies in antitrust claims and agency investigations arising from allegedly anticompetitive assertions of standards-essential patents. 

Professional Activities

Mr. Ford serves as chair of the firm's Hiring Committee in Boston. He is a member of the Board of Directors of Greater Boston Legal Services. He is a former co-chair of the Antitrust Committee of the Boston Bar Association and also served as co-chair of an ABA Antitrust Section subcommittee charged with revising the ABA's model jury instructions for issues at the antitrust/intellectual property interface. Mr. Ford is admitted to practice before the First, Second and Third Circuit Courts of Appeals, the US District Court for the District of Massachusetts, and the US District Court for the Eastern District of Michigan. He also serves as chair of the Zoning Board of Appeals for the Town of Marshfield, Massachusetts.

Practices

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Education

JD, summa cum laude, Boston University School of Law, 2003, William L. and Lillian Berger Achievement Prize; Article Editor, Boston University Law Review

BA, Political Science, University of Pennsylvania, 1998

Bar Admissions

Massachusetts

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