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 airline, pharmaceutical, healthcare, 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

  • 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)
  • Currently represent Par Sterile Products, LLC and Par Pharmaceutical Companies, Inc. in antitrust litigation against Fresenius Kabi USA, LLC, involving allegations of exclusive dealing and monopolization.
  • Currently represent Samsung Bioepis in In re Humira (Adalimumab) Antitrust Litigation, the first “reverse-payment” litigation involving biologics and biosimilars.
  • Represented Impax Laboratories at trial in a Federal Trade Commission enforcement action challenging an alleged “reverse-payment” patent settlement.
  • 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
  • Represented legendary boxing promoter Top Rank in a high-profile antitrust and unfair competition lawsuit against famous boxing magnate; obtained favorable settlement with significant monetary and structural relief for client 
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