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 Gant focuses on complex commercial litigation and counseling, primarily in the antitrust area. He has particular knowledge of the intersection of antitrust and intellectual property.

A partner in White & Case's Global Antitrust Practice based in New York, Bryan regularly represents clients in the pharmaceutical, financial services, and petroleum industries. Notable 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.

He was named a "Rising Star" by Law360 and "Recommended" in The Legal 500, US.

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 Fifth Circuit
US Court of Appeals for the Eighth Circuit
Education
JD
University of Chicago Law School
BA
Winthrop University
Languages
English

Experience

Representing Gilead, a leading manufacturer of HIV medications, in connection with allegations of unlawful agreements with joint venture partners and unlawful "reverse payment" settlement agreements.

Representing Pfizer in monopolization and restraint of trade cases involving allegations of unlawful "reverse payment" settlements as well as claims of fraud on the United States Patent and Trademark Office, including with respect to Lipitor, the best-selling drug of all time, and Effexor XR.

Representing a generic pharmaceutical manufacturer against allegations of price-fixing, in what some commentators have called the largest price-fixing case in the history of the United States.

Representing a leading credit reporting agency in connection with antitrust claims based on its agreements with a supplier.

Representing Pfizer in a case involving allegations of exclusive dealing and unfair bundling practices, among other allegations.

Represented a leading cybersecurity firm against allegations of a group boycott brought by a cybersecurity testing company.

Represented Allergan, a leading pharmaceutical manufacturer, in monopolization and restraint of trade cases involving allegations of unlawful "reverse payment" settlements as well as claims of "product hopping" and fraud on the United States Patent and Trademark Office.

Represented a leading pharmaceutical manufacturer in a case involving the introduction of new pharmaceutical products, which some have dubbed "product hopping."

Represented Allergan, a leading pharmaceutical manufacturer, in a case involving alleged "product hopping"; obtained First Circuit review of the class certification and ultimately achieved de-certification of the class.

Represented a leading vaccines manufacturer in a case involving bundling practices in the vaccines market.

Represented OPEC in a putative class action alleging price fixing of petroleum products.

Represented a leading pharmaceutical manufacturer in industry-wide litigation brought by a secondary wholesaler, alleging violations of the Sherman Act. The action involved many of the largest pharmaceutical manufacturers and wholesalers.

Represented a leading credit reporting agency in an action brought by the dominant provider of consumer credit risk scoring services against the three major US credit reporting agencies. The action included claims under the antitrust, trademark and false advertising laws. White & Case obtained dismissal of most of the plaintiff's claims at summary judgment, and a jury verdict completely in our client's favor on the remaining claims.

Represented a major pharmaceuticals manufacturer in a monopolization case involving allegations of fraud on the United States Patent and Trademark Office and obtained successful resolution on the eve of trial.Represented a major pharmaceutical manufacturer in restraint of trade and monopolization claims arising from a competitor's exclusive supply agreement.

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 issue) (co-authored with S. Lynn Diamond)

Contributor to Antitrust Law Developments and annual updates 

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

Recommended, The Legal 500, US, 2015