Stephen McIntyre

Counsel

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Stephen McIntyre is a skilled litigator who focuses on antitrust and competition litigation. His clients include those operating in the pharmaceutical, healthcare, consumer electronics, and entertainment industries.

Stephen is fluent in Mandarin Chinese and received a Superior rating—the highest rating possible—on the American Council on the Teaching of Foreign Languages’ verbal proficiency test. He has spent more than two years living and working in East Asia, including an internship in Shanghai with one of China’s largest law firms.

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Admissions

Bar Admissions

  • California

Court Admissions

  • US District Court for the Central and Northern Districts of California
  • US District Court for the Northern District of Florida

Education

  • Duke University, J.D.: Articles Editor, Law and Contemporary Problems; Co-founder and co-chair, Society for East Asian Legal Studies; Recipient, Faculty Award for Interdisciplinary Studies, Faculty Award for Writing
  • Duke University, M.A., East Asian Studies
  • Brigham Young University, B.A., Chinese: magna cum laude

Professional Activities

Author

  • “Private Rights and Public Wrongs: Fair Use as a Remedy for Private Censorship,” Gonzaga Law Review (2012-2013)
  • “The Yang Obeys, But the Yin Ignores: Copyright Law and Speech Suppression in the People’s Republic of China,” UCLA Pacific Basin Law Journal (2012)
  • “Trying to Agree on Three Articles of Law: The Idea/Expression Dichotomy in Chinese Copyright Law,” Cybaris: An Intellectual Property Law Review (2010) 

Co-Author

  • “Extraterritoriality After Vitamin C: Are We Between a Rock and a Hard Place?”, Antitrust Magazine (Fall 2018)
  • Antitrust Class Actions After the Supreme Court’s 2015 Term,” Bloomberg BNA Antitrust & Trade Regulation Report (November 2015)
  • “Where to Draw the Line: Should the FTAIA’s Domestic Effects Test Apply in Criminal Prosecutions?”, Antitrust Magazine (Summer 2015)
  • “The Continuing Violations Doctrine: Limitation in Name Only, or a Resuscitation of the Clayton Act’s Statute of Limitations?”, Competition (Spring 2015)
  • “The Continuing Relevance of Patent Validity in Reverse-Payment Litigation,” Concurrences (Spring 2014)
  • “Preserving Legal Privileges in the U.S., California, and the EU,” Antitrust Report (December 2012)
  • United States Chapter, Intellectual Property and Antitrust: Getting the Deal Through (2012-2016 editions)

Presenter

  • “Product Hopping, Life Cycle Management, and the Namenda and Doryx Decisions,” O’Melveny & Myers LLP Life Sciences CLE Marathon (Sept. 29, 2016) (with Ted Hassi)
  • Gave guest lectures on cartel enforcement in antitrust class at the University of Southern California Gould School of Law (April 2015 & April 2016) (with Anna Fabish)
  • “Beyond FTC v. Actavis: Recent and Emerging Issues at the Intersection of Antitrust and the Pharmaceutical Industry,” Antitrust and Unfair Business Practices Section of the L.A. County Bar Association (May 29, 2015)
  • “Courtroom Drama with Chinese Characteristics: A Comparative Approach to Legal Process in Chinese Cinema,” 64th Annual Kentucky Foreign Language Conference, East Asian Studies Division, University of Kentucky (April 14–16, 2011)
  • Represented Par Sterile Products, LLC and Par Pharmaceutical Companies, Inc. in antitrust litigation against Fresenius Kabi USA, LLC, involving allegations of exclusive dealing and monopolization. Authored the summary judgment motion that resulted in an across-the-board win for Par in February 2020.
  • Represented Par Pharmaceutical, Inc. in antitrust litigation alleging a “reverse-payment” settlement involving Seroquel XR. Contributed to drafting of motions to dismiss, which are currently pending before the district judge.
  • Represented Samsung Bioepis in In re Humira (Adalimumab) Antitrust Litigation, the first “reverse-payment” litigation involving biologics and biosimilars. Played a leading role in developing the defendants’ dismissal arguments. In June 2020, the district court granted in full defendants’ motion to dismiss.
  • Represented Impax Laboratories at trial in a Federal Trade Commission enforcement action challenging an alleged “reverse-payment” patent settlement. Took direct examination of Impax’s principal economic expert at trial and wrote Impax’s post-trial briefs.
  • Wrote winning summary judgment brief on behalf of Samsung Electronics Co. in In re Optical Disk Drives Antitrust Litigation, extinguishing class plaintiffs’ multi-billion dollar treble damages claim against electronics manufacturers. In November 2019, the Ninth Circuit upheld the decision.
  • Represented legendary boxing promoter Top Rank in a high-profile antitrust and unfair competition lawsuit against famous boxing magnate. After defeating a hard-fought motion to dismiss, obtained a favorable settlement with significant monetary and structural relief for client. 
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Alerts and Publications

New Guidelines Clarify When Antitrust Division Will Consider Using Arbitration

December 1, 2020

The UK National Security and Investment Bill: Strengthening scrutiny of investment in the UK and introducing the UK’s first mandatory notification regime

November 20, 2020

China Publishes “Unreliable Entities” Rules Targeting Foreign Enterprises

September 22, 2020

DOJ Issues Letter Encouraging IEEE to Change Policy on Standard Essential Patents

September 18, 2020

Hong Kong Competition Tribunal Approves First Cartel Settlement

August 13, 2020

Congress Reauthorizes ACPERA and Repeals Sunset Provision

July 17, 2020

Law360: High Court SEC Disgorgement Ruling Doesn’t Empower FTC

July 8, 2020

DOJ’s Prosecution of Generic Drug Companies Continues as it Announces Price-Fixing Charges Against Glenmark Pharmaceuticals, Inc.

July 2, 2020

DOJ and FTC Issue New Vertical Merger Guidelines

July 1, 2020

Germany’s Federal Cartel Office Calls for the EU Court of Justice’s Guidance on Important Patent Licensing Issues

June 25, 2020

Daily Journal: May I Have Another? Antitrust Immunity for Serial Petitioning

June 24, 2020

Germany’s Supreme Court Sides with National Antitrust Enforcer in Facebook Abuse of Dominance Case

June 23, 2020

May Price Gouging Update

June 4, 2020

Updates on Recent US Merger Control Developments - May 2020

May 22, 2020

New Proposed Legislation in California Increases Antitrust Scrutiny in M&A and Other Activities in the Healthcare Industry

May 19, 2020

COVID-19 Antitrust M&A Considerations

May 7, 2020

Collusion in the Healthcare Industry: DOJ Charges Oncology Group for its Participation in a Criminal Antitrust Conspiracy

May 6, 2020

Price Gouging Update—April 2020

April 30, 2020

Gun-Jumping Concerns for Pending Transactions When There Is No Such Thing as “Ordinary Course of Business”

April 27, 2020

The Failing Firm Merger Defense in Times of Economic Turmoil: Past Lessons and the COVID-19 Crisis

April 23, 2020

Antitrust Agencies Watch for Labor Market Collusion in the Healthcare Industry

April 20, 2020

DOJ and FTC on Alert for Anticompetitive Conduct in Labor Markets for COVID-19 Essential Workers

April 15, 2020

Nationwide Shortages Open New Frontiers in Fight Against COVID-19-Related Price Gouging

April 14, 2020

Hong Kong Competition Commission Consults on Proposed Commitments Offered by Online Travel Agents to Remove Parity Clauses from Agreements with Accommodation Providers

April 9, 2020

China Adopts Antitrust Enforcement Policy to Fight COVID-19 and Spur Economic Recovery

April 8, 2020

Antitrust Implications of the President’s Invocation of the Defense Production Act

April 2, 2020

Department of Health and Human Services Triggers Price Gouging and Hoarding Provisions of Defense Production Act

April 1, 2020

Hong Kong Competition Commission Issues Statement on the Application of the Competition Rules to Cooperation Agreements Between Companies Responding to the COVID-19 Pandemic

March 30, 2020

Competitor Collaborations and Communications in Time of Crisis: Practical Guidance

March 26, 2020

Antitrust Agencies Provide Guidance for Competitor Collaborations in Healthcare Sector as COVID-19 Outbreak Deepens

March 25, 2020

European Antitrust in the Time of COVID-19

March 25, 2020

Antitrust Enforcers to be Active Monitoring Marketplace Activity Related to COVID-19

March 20, 2020

In the News