Bryan Gant

Partner, New York

Biography

A New York lawyer with experience in antitrust litigation, and particular knowledge of the intersection of antitrust and intellectual property.

Overview

Bryan's practice focuses on complex commercial litigation and counseling, primarily in the antitrust area.

A partner in the Firm's Global Antitrust Practice based in New York, he represents clients in the pharmaceutical, financial services and petroleum sectors. Notable recent clients include Pfizer, Allergan, Boehringer Ingelheim, Experian, Novartis, OPEC and Warner Chilcott.

Bryan's knowledge and experience span a wide range of issues, including "reverse payment" settlements of patent disputes, product innovation and product retirement (so-called "product hopping"), price-fixing, fraudulent procurement of patents and other misconduct before the US Patent & Trademark Office, sham litigation, sham petitioning of the FDA, product bundling, and other antitrust theories.

Bryan is a regular contributor to Antitrust Law Developments, and a member of the Antitrust Section of the American Bar Association.

Bars and Courts
New York State Bar
US District Court for the Eastern District of New York
US District Court for the Southern District of New York
US Court of Appeals for the Second Circuit
US Court of Appeals for the Eighth Circuit
Education
JD
University of Chicago Law School
BA
Winthrop University
Languages
English

Experience

Representing Pfizer, Inc. in ground-breaking litigation challenging Johnson & Johnson's efforts to deter biosimilar competition in respect of its blockbuster biologic Remicade.

Representing Warner Chilcott (now owned by Allergan) in class action litigation alleging a reverse payment settlement, misconduct before the US Patent and Trademark Office, and alleged "product hopping" regarding the oral contraceptive Loestrin.

Representing Warner Chilcott (now owned by Allergan) in class action litigation alleging a reverse payment settlement, misconduct before the US Patent and Trademark Office, and alleged "product hopping" regarding the oral contraceptive Loestrin.

Representing Warner Chilcott (now owned by Allergan) in class action litigation alleging a reverse payment settlement, misconduct before the US Patent and Trademark Office, and alleged "product hopping" regarding the oral contraceptive Loestrin.

Representing Warner Chilcott (now owned by Allergan) in class action litigation alleging a reverse payment settlement, misconduct before the US Patent and Trademark Office, and alleged "product hopping" regarding the oral contraceptive Loestrin.

Representing a cybersecurity vendor in claims brought by a cybersecurity testing firm regarding an alleged group boycott against cybersecurity testers.

Represented OPEC (the Organization of the Petroleum Exporting Countries) in several litigations seeking to challenge OPEC's activities under U.S. antitrust law, securing dismissal of all claims.

Represented Experian Information Solutions, Inc. in an action brought by FICO the dominant provider of consumer credit risk scoring services, against the three major U.S. credit bureaus alleging collusion and trademark violations in the sale of credit scoring services, securing summary judgment on the antitrust claims and a jury verdict on the trademark claims. The jury also found that FICO committed fraud on the U. S. Patent and Trademark Office in procuring registration of the trademark in suit.

Represented Novartis Pharmaceuticals Corporation in class action litigation accusing sixteen major international pharmaceutical companies and the largest U.S. pharmaceutical wholesalers of a group boycott in violation of the antitrust laws, securing dismissal of all claims.

Speaking Engagements

Publications

Understanding Actavis: How Courts Misinterpret FTC v. Actavis, Inc., and How to Get It Right, 22 Harv. Neg. L.R. 111, Fall 2016

European Union Blocks Merger of NYSE Euronext and Deutsche Bӧrse AG, The Exchange newsletter, published by the Insurance and Financial Services Committee of the ABA Antitrust Section, Fall 2012, (co-author with S. Lynn Diamond)

Awards and Recognition


Bryan Gant was named a "Litigator of the Week" by Global Competition Review for securing reversal of class certification in the Asacol® product-hopping litigation.

Rising Star, Law 360, 2015
Antitrust