Co-chair of the Paul, Weiss Litigation Department, Ken Gallo has substantial trial experience in antitrust, patent and major commercial disputes. He has tried cases involving the banking and payments industries, computer hardware and software products, medical and telecommunications equipment, commercial real estate and biotechnology products.
Ken regularly represents clients in private and government antitrust matters, including claims related to alleged monopolization, tying, mergers and acquisitions, cartels and the interplay between the antitrust and intellectual property laws. He has been recognized as one of America’s top antitrust, patent and commercial litigators by various publications including Chambers, Benchmark/Institutional Investor, Best Lawyers in America, The Legal 500, The National Law Journal and Financial Times as one of the “Top 10 Agents for Change.” Ken was selected to “The International Who’s Who of Competition Lawyers & Economists 2013” by the Global Competition Review.
Some of his representative antitrust matters include:
- MasterCard, Inc. Antitrust Matters – Ken has represented MasterCard in a series of government and private antitrust actions. He recently obtained dismissal of a class action antitrust complaint filed by ATM operators and consumers. He also represented the company in settling the so-called “interchange” class action brought by all merchants in the country that accept MasterCard. He has defended the company in civil investigations and lawsuits brought by the United States; in private suits brought by competitors under the Sherman Act; against class action merchant complaints of alleged tying of credit and debit products; and against claims brought by classes of indirect purchasers in more than 20 states.
- Sharp Corporation – Ken recently obtained summary judgment on behalf of Sharp dismissing a $3 billion damage claim brought by Motorola for alleged price fixing of LCDs. He also represented Sharp in settlements in LCD class action opt out cases brought by AT&T, Best Buy, and Dell.
- News Corporation – Ken currently is defending News America Marketing against exclusive dealing and bundling class action claims brought by consumer product companies such as Dial, Heinz and Smithfield Farms. He also is representing the company against antitrust claims brought by a competitor.
- Cartel Matters – Ken regularly represents U.S., Japanese and European companies in DOJ and state AG price fixing investigations. He has, for example, represented a major European bank in an investigation related to bid rigging on municipal bonds; a major financial institution in the foreign exchange investigation; a Japanese manufacturer of liquid crystal display units; a U.S. corporation in the transportation industry; a Japanese manufacturer of high technology glass products; and a European carbon manufacturer. Ken has served as global coordinating counsel for clients facing investigations by competition authorities in the U.S., Canada, Mexico, Japan, Korea, Brazil and the EU.
- AIG – Ken successfully defended AIG against RICO and antitrust class action claims related to alleged bid-rigging of insurance contracts in all lines of commercial of insurance.
Some of Ken’s representative intellectual property matters include:
- BASF Corporation – Ken is currently representing BASF on patent infringement claims against generic competitors related to a leading chemical pesticide. He also represented BASF against DuPont on patent infringement claims related to genetically modified corn. He successfully defended BASF against patent infringement claims by Chevron Phillips related to block co-polymers. Also, he represented BASF in successful litigation against Honeywell to enjoin the disclosure of trade secrets.
- Genentech Patent Litigation – Ken has represented Genentech against GlaxoSmithKline, Eli Lilly, Bristol Myers Squibb, and Human Genome Sciences on patent infringement claims related to the Cabilly patents regarding recombinant DNA antibodies. He represented Genentech in patent infringement litigation against Regeneron involving anti-VEGF treatments for eye disease and cancer. He previously assisted in a jury trial representation of Genentech against patent infringement claims related to oncology care products, Herceptin and Rituxan. Ken also successfully represented Genentech in a federal jury trial against a $1 billion claim for misappropriation of intellectual property and fraud related to the development of Lucentis, a leading treatment for age-related macular degeneration.
- Nichia Corporation – Ken is currently representing Nichia in a patent suit against Bluestone Innovations LLC pending in the U.S. District Court for the Northern District of California. Bluestone alleges that Nichia infringes one of its patents through the design and manufacturing of LEDs.
- Automotive Technology Patent Litigation – Ken successfully defended more than 15 automotive manufacturers and their suppliers in district court and the Federal Circuit against patent infringement claims related to side impact air bag sensors.
Ken is a former member of the Firm’s Management Committee.
- J.D., University of Georgia School of Law, 1982
- 1978, University of Georgia
magna cum laude
- Hon. George L. Hart, Jr., U.S. District Court, District of Columbia
- New York
- District of Columbia
See Library Tab for articles, publications and presentations by Kenneth Gallo
Jul 02, 2015 | Publications
Federal Judge Preliminarily Enjoins Sysco-US Foods Merger and Parties Abandon the Transaction
Jun 15, 2015 | News
Supreme Court Denies Certiorari, Confirming Dismissal of Antitrust Claims Against Sharp
Jun 03, 2015 | Publications
Second Circuit Applies Rule of Reason to Uphold Preliminary Injunction Preventing Manufacturer from Removing Alzheimer’s Drug from Market
Apr 20, 2015 | News
Nichia Prevails in Patent Infringement Suit
Apr 13, 2015 | Publications
Third Circuit Court of Appeals Joins Other Circuits in Applying Daubert to Expert Testimony at Class Certification
Dec 09, 2014 | Publications
Seventh Circuit Affirms Dismissal of Antitrust Claims Based on Foreign Purchases
Dec 01, 2014 | News
Seventh Circuit Affirms Dismissal of Antitrust Claims Against Sharp
Apr 25, 2014 | Videos
The Foreign Trade Antitrust Improvements Act
Apr 22, 2014 | Publications
Federal Court Rules “Loyalty Discounts” Do Not Violate Antitrust Laws Unless Below-Cost
Jan 23, 2014 | News
Sharp Corporation and Sharp Electronics Corporation Obtain Dismissal of Antitrust Claims
Apr 04, 2013 | Publications
Supreme Court Reverses Certification of Antitrust Class Action But Defers Decision on Standards for Expert Testimony
Jul 19, 2012 | Publications
Third Circuit Holds that “Reverse Settlement” Payments Are Prima Facie Evidence of an Antitrust Violation, Widening Circuit Split
Apr 27, 2012 | News
MasterCard Achieves Victory in Consumer Class Action
Jun 27, 2011 | Publications
In Dismissal of Hospital’s Tying Claim Against Drug Manufacturer, Third Circuit Takes Narrow View of Direct Purchaser Requirement
Jun 20, 2011 | Publications
Eighth Circuit Affirms Summary Judgment for Medical Device Supplier in Antitrust Case Challenging Pricing Practices
Apr 14, 2015
Paul, Weiss Receives Global Competition Review Litigation of the Year Award
Jan 29, 2015
Benchmark Litigation Names Paul, Weiss “Antitrust Firm of the Year”
Jan 31, 2014
Kenneth Gallo Named AmLaw‘s
“Litigator of the Week”