Will Diaz
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William (Will) Díaz litigates and counsels clients on antitrust cases, obtains Federal Trade Commission (FTC) and Department of Justice clearance on mergers, and defends clients in government investigations. Will has significant experience in the interplay between the antitrust and intellectual property laws and the issues that crossover into both areas, including standard-setting activities, patent pools, fair, reasonable and non-discriminatory (FRAND) licensing issues and patent misuse. He also has handled numerous litigations and transactions in the biotech, pharmaceutical and medtech industries. Read William Díaz's full bio.
THE LATEST: Tenth Circuit Sides with Defendants in $200 Million Sutures Bundling Case
By Will Diaz on Mar 16, 2017
Posted In Distribution/Franchising, Monopolization/Abuse of Dominance, Private Litigation
In an antitrust case involving bundled discount on sutures, the United States Court of Appeals for the Tenth Circuit affirmed a lower court decision granting summary judgment in favor of defendants Cardinal Health 200, LLC and Owens & Micro Distribution, Inc. The Tenth Circuit held that Plaintiff-Appellant Suture Express, Inc. could not prove that the...
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FTC and DOJ Update Antitrust Guidelines for the Licensing of Intellectual Property
By McDermott Will & Emery and Will Diaz on Jan 18, 2017
Posted In DOJ Developments, FTC Developments, IP Antitrust
On January 13, 2017, the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ) issued updated Antitrust Guidelines for the Licensing of Intellectual Property (the Guidelines). The revised Guidelines follow nearly half a year of consideration and public commentary. According to the FTC, the updates were “intended to modernize...
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FTC Report on Patent Assertion Entities Recommends Patent Litigation Reform
By Will Diaz on Oct 14, 2016
Posted In FTC Developments, IP Antitrust
On October 6, the Federal Trade Commission (FTC) released its report on patent assertion entity (PAE) activity. The report is the result of research that began in September 2014 to address a gap in the agency’s understanding of PAEs, how they operate and how policies can be developed to reduce nuisance litigation. The study focused...
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Microsoft Antitrust Suit Against InterDigital Stands, Judge Says
By McDermott Will & Emery and Will Diaz on Apr 18, 2016
Posted In IP Antitrust
On April 13, 2016, the US District Court for the District of Delaware denied InterDigital’s motion to dismiss an antitrust suit filed by Microsoft (Microsoft Mobile, Inc. v. InterDigital, Inc., Case No. 15-cv-723-RGA). In the suit, Microsoft alleged that InterDigital engaged in an unlawful scheme to acquire and exploit monopoly power over standard essential patents...
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DOJ Issues Business Review Letter Pertaining to SSO Policy on Standard-Essential Patents and RAND Commitments
By McDermott Will & Emery and Will Diaz on Feb 12, 2015
Posted In DOJ Developments, IP Antitrust
The Antitrust Division of the U.S. Department of Justice (DOJ) recently issued a business review letter stating that it would not challenge the Institute of Electrical and Electronics Engineers, Inc.’s (IEEE’s) proposed revisions to its patent policy. These patent policy revisions seek to address the “wide divergence” in expectations between holders of patents essential to...
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