A partner in the Litigation Department and member of the firm’s Management Committee, Ken Gallo has substantial trial experience in antitrust, patent and major commercial disputes. He has tried cases involving the banking and payments industries, computer hardware and software products, medical and telecommunications equipment, commercial real estate and biotechnology products.

Mr. Gallo regularly represents clients in private and government antitrust matters, including claims related to alleged monopolization, tying, mergers and acquisitions, cartels and the interplay between the antitrust and intellectual property laws. He has been recognized as one of America’s top antitrust, patent and commercial litigators by various publications including Chambers, Benchmark/Institutional Investor, Best Lawyers in America, Legal 500, and The National Law Journal.

Some of his representative antitrust matters include:

• MasterCard, Inc. Antitrust Matters – for the past decade, Mr. Gallo has represented MasterCard in a series of government and private antitrust actions. He has defended the company in civil investigations and lawsuits brought by the United States; in private suits brought by competitors under the Sherman Act for alleged exclusive dealing and group boycotts; against class action merchant complaints of alleged illegal tying and price fixing; and against claims brought by classes of indirect purchasers in more than 20 states.
• Cartel Matters – represented U.S. and foreign companies from a variety of industries in DOJ price fixing investigations, including a Japanese manufacturer of liquid crystal display units, a U.S. corporation in the transportation industry, a Japanese manufacturer of high technology products, and a European carbon manufacturer. Mr. Gallo has served as coordinating counsel for worldwide investigations involving competition authorities in the U.S., Canada, Mexico, Japan, Korea, Brazil and the EU.
• AIG, Inc./Commercial Insurance Class Action Litigation – currently defending AIG against antitrust and RICO claims brought by a putative class of commercial insureds alleging bid-rigging and improper use of contingent broker commissions.
• Citigroup Inc. – secured dismissal of a pair of class action lawsuits in which plaintiffs alleged that Citigroup manipulated the market for auction rate securities.
• Electronics Aftermarket Antitrust Litigation – represented a major European electronics company against a series of Kodak theory antitrust class actions related to telecommunications, cellular telephone, and high-speed copying and printing equipment.
• Magazine Publishers Antitrust Litigation – represented a major publisher in class action litigation alleging price fixing of magazine subscriptions.

Some of Mr. Gallo’s representative intellectual property matters include:

• BASF Corporation Patent and Trade Secret Litigation – Currently representing BASF on patent infringement claims related to a leading chemical termiticide. Represented BASF against Dupont on patent infringement claims related to genetically modified corn. Defended BASF against patent infringement claims by Chevron Phillips related to block co-polymers. Also, represented BASF in litigation against Honeywell to enjoin the disclosure of trade secrets.
• Genentech, Inc./Lucentis – represented Genentech in federal jury trial against a $1 billion claim for misappropriation of intellectual property and fraud related to the development of Lucentis, a leading treatment for age-related macular degeneration.
• Genentech Patent Litigation – Currently representing Genentech against Glaxo on patent infringement claims related to the Cabilly II patent regarding recombinant DNA antibodies. Also, assisted in jury trial representation of Genentech against patent infringement claims related to oncology care products, Herceptin and Rituxan.
• Telecommunications Patent Litigation – represented a major European electronics company in a jury trial on patent, copyright
  and trade secret claims related to telecommunications hardware and software products.
• Automotive Technology Patent Litigation – defended several automotive manufacturers and their suppliers in district court and the Federal Circuit against patent infringement claims related to side impact air bag sensors.
• New Venture Gear/Patent Litigation – represented an automotive industry joint venture against patent infringement claims related to on-demand four-wheel drive systems.