Intellectual Property

Antitrust Litigation

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Our experts at Ocean Tomo, a part of J.S. Held, provide specialized expertise regarding the assessment of interplay between antitrust and intellectual property (IP) rights concepts.

Visit Ocean Tomo for more information about J.S. Held's intellectual property services.

As antitrust laws are inherently intertwined with the goal of encouraging innovation and competition, our team works with clients to consider and address the economic impact of IP licensing in the normal course of business, the effects of IP infringement and enforcement actions, and the real-world business considerations underlying IP-driven transactions in the context of antitrust matters.

Our Subject Matter Experts
  • Certified Licensing Professionals
  • Certified Public Accountants
  • Economists
  • Intellectual Property Valuation Experts
  • Testifying Experts
Our Clients
  • Boards of Directors
  • Commercial Dispute Litigators
  • C-Suite Executives (CEO, CIPO, CTO)
  • Fortune 1000 Companies
  • General Counsel
  • Inventors
  • IP Litigators
  • Laboratories
  • Small & Middle Market Companies
  • Public Companies
  • Start-Ups
Expert Services in Antitrust Matters

The intersection of antitrust and IP rights means that neither can be assessed comprehensively in a vacuum. Instead, it is necessary to consider the concepts together, particularly as the significance of intangible assets to corporations continues to grow.

In regard to antitrust litigation matters, our intellectual property experts:

  • Provide context for competition by analyzing the patent and licensing landscapes to assess the significance of IP owned by the parties to the competitive environment
  • Identify other patent owners in the industry and the relative strength of IP portfolios
  • Evaluate the availability of alternative technologies
  • Opine on competitive royalty rates and other licensing terms typical in the industry

Such analyses may assist in court assess of the appropriate balancing of antitrust and intellectual property rights or establish the fact of damages and financial damages expert testimony.

Featured Engagement:
Huawei Technologies Co. LTD. v. Version Communications, Inc., Et Al


United States District Court for the Eastern District of Texas, Case No. 2:20-CV-00030


Deposition Testimony

Technology: Optical Transport Network (OTN)

Patent Infringement related to standard-essential patents (SEPs) related to Huawei’s commitment to license such SEPs on reasonable and non-discriminatory (RAND) terms.


Ocean Tomo was retained by counsel for Huawei Technologies Co. Ltd. to prepare expert report and provide deposition testimony. The matter settled three days into the jury trial before U.S. District Judge Rodney Gilstrap.

Featured Engagement:
Bio-Rad Laboratories, Inc. and President and Fellows of Harvard College v. 10X Genomics, Inc.


United States District Court for the District of Massachusetts, Case No. 1:19-cv-12533


Deposition Testimony

Technology: Genetic Analysis Tools

Case Issues: Antitrust issues

Ocean Tomo, LLC, Managing Director James E. Malackowski was retained by counsel for Bio-Rad Laboratories, Inc. to rebut the 10X expert opinion of several antitrust issues related to the royalty rates charged subsequent to Bio-Rad’s acquisition of RainDance Technologies, Inc.


The parties settled during trial.

Featured Engagement:
Fujitsu v. Tellabs


United States District Court for the Northern District of Illinois, Eastern Division Civil Action No. 09-cv-04530


Trial and Deposition Testimony

Technology: Optical Network Signal Amplification and Routing

Case Issues: Patent Infringement and Reasonable and Non-Discriminatory (“RAND”) Royalties


Ocean Tomo prepared expert reports on both traditional and RAND royalties and testified as an expert in the field of damages and patent licensing, including the economics of RAND obligations. The jury found in favor of Ocean Tomo’s opinions.

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