News

In an Amended Final Judgment issued on April 25, 2016, Judge William H. Orrick upheld the jury’s award of $10,240,000 to the plaintiff in Fujifilm Corp. v. Motorola Mobility Holdings Inc. et al, a patent infringement suit. The jury’s verdict on damages aligned with the estimates provided by OnPoint expert Dr. Gareth Macartney—who testified on behalf of Fujifilm during last year’s trial—rather than those provided by Motorola’s damages expert. The Court also awarded Fujifilm pre-judgment interest at the prime rate, compounded quarterly, as calculated by Dr. Macartney.

OnPoint experts Gordon Rausser and Gareth Macartney co-authored an article featured in the Spring 2016 issue of Antitrust Magazine—an issue entirely devoted to class actions on the 50th anniversary of the 1966 amendments to Rule 23 of the Federal Rules of Civil Procedure, which governs class action cases in federal courts. The article explores how certification standards have become increasingly rigorous in class action litigation, particularly with recent landmark rulings in In re Hydrogen Peroxide Antitrust Litigation (2008), Wal-Mart Stores, Inc. v. Dukes (2011), and Comcast Corp. v. Behrend (2013).

The District Court of Eastern Pennsylvania recently certified the shell egg sub-class in a case brought on behalf of direct purchasers who alleged that the nation’s major egg producers conspired to artificially increase the price of shell eggs in the United States. Judge Pratter’s class certification decision relied extensively on the testimony and analyses of OnPoint expert Dr. Gordon Rausser, who examined the economics of U.S. egg production and pricing and testified on behalf of the Direct Purchaser Class.

OnPoint Analytics has been recognized as one of the best firms for “Intellectual Property Litigation Consulting Services” in The Recorder’s recent “Best of 2015” issue. The Recorder’s annual list ranks the top legal services providers according to a reader survey of nearly 3,000 legal professionals working throughout California.

OnPoint Expert Dr. Gareth Macartney testified as Fujifilm’s damages expert at a jury trial held last month in the U.S. District Court for Northern California. The case involved allegations that Motorola incorporated technologies patented by Fujifilm into its mobile phones and tablets. Following a two-week trial, the seven-person jury awarded Fujifilm $10.2 million in damages after determining that Motorola infringed upon U.S. Patent 6,144,763.

“Antitrust Class Proceedings – Then and Now,” an article co-written by OnPoint experts Gordon C. Rausser and Gareth J. Macartney, received a 2015 Antitrust Writing Award for Best Academic Article in the Private Enforcement category. The article, which was published last year in Vol. 26 of Research in Law and Economics, addresses the 2013 ruling in Comcast Corp. v. Behrend, 133 S. Ct. 1435, and its significance regarding the evolution of standards for reliable economic analysis in class certification.

Dr. John Connor, OnPoint expert and Emeritus Economics Professor at Purdue University, is featured in an article in The Chronicle of Higher Education, which profiles Dr. Connor’s research and career as an expert on international price-fixing conspiracies. Dr. Connor is dubbed the “King of Cartels,” a status recognized by a lifetime-achievement award from the American Antitrust Institute, a bipartisan center where he serves as a senior fellow.

OnPoint expert Dr. Gareth Macartney was recently published in The Review of Economics and Statistics. The article, which was co-authored with Dr. Rachel Griffith at the Institute for Fiscal Studies and University of Manchester, is entitled “Employment Protection Legislation, Multinational Firms, and Innovation.”

A U.S. federal judge awarded AstraZeneca Plc $76 million in damages from generic drug manufacturer Apotex for infringing on patents for the heartburn drug, Prilosec® during 2003 to 2007. Dr. Gordon Rausser, Chairman and Co-founder of OnPoint Analytics, served as one of five expert witnesses for AstraZeneca.

Analysis performed by OnPoint expert Dr. Gareth Macartney helped secure a favorable settlement for Eastman Kodak in its dispute with LCD panel manufacturers Epson, AU Optronics and Toshiba. The settlement resolved allegations that the Defendants participated in an international price-fixing conspiracy involving thin film transistor liquid crystal display (TFT-LCD) panels.