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Mark A. Ford

Partner

Ford, Mark A.

Mark Ford is an antitrust litigator and counselor. He represents clients across a variety of industries, and has extensive experience defending antitrust class actions and litigating cases at the intersection of antitrust and intellectual property law.

For clients in the life sciences 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 responding to inquiries from the European Commission.

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. 

Finally, Mr. Ford has represented clients from a variety of industries in federal courts and in agency investigations in matters concerning alleged monopolization, price fixing and horizontal mergers. In particular, he defends clients in follow-on civil litigation arising from cartel enforcement matters, including direct and indirect purchaser class actions.

Publications & News

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March 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.

April 7, 2014

WilmerHale Provides Wide-Ranging Antitrust Insights at ABA Antitrust Spring Meeting

WilmerHale was a significant contributor to the 62nd Spring Meeting of the ABA Section of Antitrust Law, an annual three-day event recognized as the largest antitrust and consumer protection conference in the world, with nearly 2,900 registered participants.

March 18, 2014

Five WilmerHale Partners to Speak at 2014 ABA Section of Antitrust Law Spring Meeting

Five WilmerHale partners will participate in the 62nd ABA Section of Antitrust Law Spring Meeting held March 26-28 at the JW Marriott Hotel in Washington DC.

June 18, 2013

FTC v. Actavis: Supreme Court Adopts Rule of Reason for “Reverse Payment” Settlements

On June 17, 2013, the Supreme Court decided Federal Trade Commission v. Actavis, Inc., No. 12-416, by a 5-3 vote (Justice Alito recused), resolving a circuit split over the appropriate antitrust standard to apply when evaluating "reverse payment" Hatch-Waxman patent litigation settlements between branded and generic pharmaceutical companies.

January 4, 2013

WilmerHale Announces the Elevation of Partners and Special Counsel

We are pleased to announce the elevation of our new partners and special counsel in 2013.

December 9, 2009

WilmerHale Announces 2010 Promotions

WilmerHale is pleased to announce the firm's 2010 elevations, which will become effective on January 1, 2010. A full list of elevated partners and special counsel can be found at the end of this press release.

February 26, 2009

Pacific Bell v. linkLine: Supreme Court Puts the Squeeze on Price Squeezes

October 1, 2006

PharmaBulletin

A quarterly newsletter addressing current regulatory, intellectual property and antitrust issues facing pharmaceutical companies in the US, Europe and China.

Recent Highlights

  • 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 claims 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.
  • Represented international pharmaceutical company in Department of Justice investigation involving federal False Claims Act allegations arising from drug marketing practices.
  • Represented leading technology companies in antitrust claims and agency investigations arising from allegedly anticompetitive assertions of standards-essential patents. 

Professional Activities

Mr. Ford is a former co-chair of the Antitrust Committee of the Boston Bar Association. He 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.

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