Co-chair of the antitrust practice group and managing partner of the Washington, DC, office, 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.
Ken regularly represents clients in private and government antitrust matters, including claims related to alleged monopolisation, tying, mergers and acquisitions, cartels and the interplay between the antitrust and intellectual property laws. He has been recognised as one of America's top antitrust, patent and commercial litigators by various publications including Chambers, Benchmark/Institutional Investor, Best Lawyers in America, The Legal 500 and The National Law Journal. Ken was selected to The International Who's Who of Competition Lawyers & Economists 2013 by the Global Competition Review.
Some of his representative antitrust matters include representing 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 tying of credit and debit products and alleged price fixing related to interchange fees; and against claims brought by classes of indirect purchasers in more than 20 states.
He has also represented US and foreign companies from a variety of industries in DOJ and state AG price-fixing investigations. He has, for example, represented a major European bank in an investigation related to bid rigging on municipal bonds, a Japanese manufacturer of liquid crystal display units, a US corporation in the transportation industry, a Japanese manufacturer of high-technology glass products, and a European carbon manufacturer. Ken has served as global coordinating counsel for clients facing investigations by competition authorities in the US, Canada, Mexico, Japan, Korea, Brazil and the EU.
Some of Ken's representative intellectual property matters include acting for BASF Corporation on its patent infringement claims against generic competitors related to a leading chemical termiticide. He also represented BASF against DuPont on patent infringement claims related to genetically modified corn, and also successfully defended the company against patent infringement claims by Chevron Phillips related to block co-polymers. In addition, he represented BASF in successful litigation against Honeywell to enjoin the disclosure of trade secrets, as well as recently arguing in the Federal Circuit for BASF.
Ken currently is representing Genentech against GlaxoSmithKline and Human Genome Sciences on patent infringement claims related to the Cabilly patents regarding recombinant DNA antibodies. He also is representing Genentech in patent infringement litigation against Regeneron and Sanofi involving anti-VEGF treatments for eye disease and cancer. He previously assisted in a jury trial representation of Genentech against patent infringement claims related to oncology care products, Herceptin and Rituxan. Ken also successfully represented Genentech in a 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.
WWL says: Kenneth A Gallo is a "very experienced and always influential trial attorney"
This biography is an extract from Who's Who Legal: Competition which can be purchased from our Shop.