Kevin McDonald is a litigator who concentrates in antitrust and competition law. He has trial and appellate experience at all levels of federal and state courts and at various administrative agencies. His practice routinely includes issues related to civil RICO, bankruptcy, product liability, and corporate takeovers. In the health care industry, he represents pharmaceutical companies, insurers, hospitals, and provider groups. Other industries include telecommunications, oil and gas, airlines, and entertainment media. Kevin’s defense of Bayer in litigation involving the antibiotic Cipro has resulted in victories in the Second and Federal Circuits, and in several states. Kevin’s antitrust jury trials and other civil litigation have also produced victories for Airlines Reporting Corporation, BlueCross BlueShield of Tennessee, Chevron, Danbury Hospital, Lee Memorial Hospital, Marshfield Clinic, and Procter & Gamble. He has advised pharmaceutical companies such as Abbott, Bayer, Celgene, Esai, and King on antitrust issues arising from Hatch-Waxman patent litigation. Kevin contributes steadily to Jones Day’s leadership in the important area of antitrust and intellectual property. He successfully represented the ABA as an amicus before the Supreme Court in Illinois Tool Works v. Independent Ink, which overruled the presumption that patents confer market power. He has written and lectured on numerous topics, including intellectual property, tying, sports leagues, and health care contracting. Kevin is a member of the leadership of the ABA’s Section of Antitrust Law and serves as the Editorial Chair of the ABA Antitrust Law Journal . Kevin’s many published articles include "Antitrust and Baseball : Stealing Holmes" in the Journal of Supreme Court History. And "Afterword : Looking for Antitrust Law at the IP Intersection" in the Antitrust Law Journal.
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The U.S. Court of Appeals for the Federal Circuit has remanded for further consideration antitrust claims accusing a patent holder of filing a sham infringement suit and a sham citizen petition with the Federal Drug Administration. The case is Tyco Healthcare Group LP v. Mutual Pharmaceutical (...)
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On October 15, 2008, the Federal Circuit joined the growing list of federal courts to hold that the use of cash payments to settle Hatch-Waxman patent litigation does not violate the antitrust laws as long as (1) the settlement excludes no more competition than would the patent itself and (2) (...)
