Matt Evola
Subscribe to Matt Evola's PostsMatt Evola assists clients with premerger analysis and notification under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act and in defending mergers and acquisitions before the US Federal Trade Commission (FTC), US Department of Justice (DOJ), state antitrust authorities and foreign competition authorities. He also counsels clients in relation to complex antitrust litigation and government investigations. Matt has experience in a variety of industries, including representing clients in the healthcare, pharmaceutical, packaging, aggregates, consumer products, and telecommunications industries. Read Matt Evola's full bio.
THE LATEST: Class Certification Denied – Indirect Purchases Fail to Substantiate Link between Higher Input Costs and Higher Product Prices
By Matt Evola on Mar 9, 2018
Posted In Private Litigation
Indirect purchaser plaintiffs’ motion for class certification in a lithium ion battery suit was denied for failing to show concrete evidence linking increased input costs to increased end-product prices; theoretical inference is not enough. WHAT HAPPENED: The US District Court for the Northern District of California denied a motion for class certification for a proposed...
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THE LATEST: Walker Process Claims Don’t Belong in the Federal Circuit
By Matt Evola on Feb 14, 2018
Posted In IP Antitrust, Private Litigation
The Federal Circuit held Walker Process Claims without a “substantial” patent issue can be heard outside the Federal Circuit based on the US Supreme Court decision in Gunn v. Minton. WHAT HAPPENED: The tug-of-war between antitrust and intellectual property continued Friday, February 9, with the Federal Circuit transferring a Walker Process claim to the Fifth...
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THE LATEST: Non-Infringement of a Patent Also Not an Antitrust Injury
By Matt Evola on Dec 18, 2017
Posted In IP Antitrust, Private Litigation
WHAT HAPPENED: Wading into the merging streams of antitrust and patents, the US Court of Appeals for the Ninth Circuit upheld dismissal of an antitrust suit where a jury verdict in a parallel case found no patent infringement. Cascades Computer Innovation, LLC v. RPX Corp. and Samsung Electronics Co. Ltd., Case No. 16-15782 (9th Cir.,...
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THE LATEST: FTC Acting Chairman Ohlhausen Signals Potentially Reduced Role for Antitrust Oversight of Intellectual Property Disputes
By Matt Evola and McDermott Will & Emery on Oct 23, 2017
Posted In FTC Developments, IP Antitrust
WHAT HAPPENED On Friday, October 13, acting FTC chairman Maureen Ohlhausen delivered a speech at the Hillsdale College Free Market Forum titled, “Markets, Government, and the Common Good,” highlighting her view on the intersection between IP and antitrust domestically and abroad. Chairman Ohlhausen’s position, that IP rights must be vigorously protected, is in line with...
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