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Aldo A. Badini
Partner
Co-Chair, Technology Antitrust Group
Aldo is co-chair of the Technology Antitrust Group and a first-chair trial lawyer with 40 years of experience litigating cutting-edge issues at the evolving intersection of IP, antitrust, and technology. He represents clients in the high-tech, pharmaceutical, metals/mining, and food industries. Admitted in California, New York, and D.C., Aldo has spent significant time practicing in Northern California. He is also an adjunct professor at the University of New Hampshire Franklin Pierce School of Law, teaching a class that focuses on trying cases at the antitrust–IP nexus.
Key Matters
Select Antitrust Experience
- Continental v. Avanci – Secured dismissal of antitrust claims, affirmed on appeal, relating to a patent licensing platform, SEPs, and FRAND issues.
- Nucor Antitrust Litigations – Served as lead counsel for Nucor Steel, both as plaintiff and defendant, in antitrust litigations relating to alleged monopolization and exclusive dealing causes of action in various jurisdictions.
- TreeHouse v. Green Mountain Coffee Roasters, et al. – Litigating monopolization, exclusive dealing, and predatory product innovation issues in the Southern District of New York, including coordination with class and competitor cases in California.
- Volkswagen v. RPX – Obtained dismissal for RPX in an antitrust case involving IP licensing issues.
- Samsung v. Panasonic; Oliver v. Panasonic – Represented Panasonic and obtained successful dismissal of antitrust and patent misuse claims in competitor and putative class cases brought in the Northern District of California challenging SD card standard setting and licensing practices.
- In re Cathode Ray Tube (CRT) Antitrust Litigation – Served as counsel for Panasonic in this antitrust case in the Northern District of California.
- Thales v. Panasonic – Obtained summary judgment in favor of Panasonic in a predatory pricing case brought in the Central District of California.
- In re Brand Name Prescription Drug Antitrust Litigation – Represented Novartis in a 10-week jury trial alleging Sherman Act Section 1 conspiracy to deny discounts to retail pharmacy class. Judgment as matter of law was granted to Novartis at the close of plaintiffs’ case.
- Cambridge Silicon Radio v. Bandspeed – Represented Bandspeed in a case alleging Sherman Act Sections 1 and 2 violations in connection with alleged nondisclosure of patent applications to a standard setting organization. The case settled favorably for Bandspeed.
- Omnicare Antitrust Litigations – Litigated various antitrust matters for Omnicare (a leading institutional pharmacy provider), including the successful dismissal of various antitrust and Section 17200 claims brought in California courts.
Select Patent Litigation Experience
- Pharmaceutical Patent Dispute – Served as lead ICC arbitration counsel for a major pharmaceutical company involved in a patent licensing dispute. Obtained full award for the client, including attorneys’ fees.
- Medtronic v. Guidant – Served as lead trial counsel for Guidant in a jury trial in the District of Minnesota seeking more than US$800M in damages, plus enhanced damages, for alleged infringement of a medical device patent. Obtained judgment as a matter of law for Guidant at the close of all of the evidence.
- Johnson & Johnson v. Guidant – Served as lead counsel in a case that sought to enjoin Guidant’s blockbuster US$1B-a-year product. Successfully defeated preliminary injunction on behalf of Guidant, leading to a favorable settlement.
- Guidant Patent Litigation – Served as lead counsel for Guidant in a series of coronary stent and balloon catheter patent litigations in various jurisdictions over several years that settled favorably for Guidant.
- MedImmune v. Genentech – Served as counsel for MedImmune in the landmark U.S. Supreme Court victory involving Article III “case or controversy” issues in the context of licensing of monoclonal antibody technology.
- MedImmune v. Centocor – Favorably settled a declaratory judgment lawsuit brought on behalf of MedImmune.
- Panavision v. Omnivision – Served as counsel for Panavision in a patent infringement case in the Central District of California involving complementary metal oxide semiconductor (CMOS) imaging technology.
- Applera v. Illumina; Illumina v. Applera – Served as counsel for Illumina in a series of federal and state court litigations and an arbitration relating to single nucleotide polymorphism (SNP) genotyping technology and various joint venture contractual disputes. The matters settled favorably for Illumina.
- Via v. Intel – Served as counsel for Intel in a patent infringement litigation relating to semiconductor chip design. The matter settled favorably for Intel.
- Rovi v. Lapis Semiconductor – Represented Lapis in an arbitration relating to a semiconductor licensing dispute.
- Memorial Sloan Kettering v. Errant Gene Therapeutics – Favorably resolved for Errant Gene Therapeutics a dispute relating to a joint development agreement for a genetic treatment for beta thalassemia.
- Uniloc v. Take-Two Interactive and 2K Games, Inc. – Served as counsel for Take-Two and 2K Games in a patent infringement case in the Eastern District of Texas involving software activation technology. Successfully secured dismissal of Take-Two from the action before the supplier assumed responsibility for defense of remaining defendant.