Kenneth A. Gallo

Some of his representative antitrust and intellectual property matters include:

• Intuitive Surgical, Inc. – In 2025, Gallo successfully led a jury trial team that secured a complete defense victory in the Northern District of California against Surgical Instrument Service Company, Inc. (SIS), which had sought $420 million in trebled damages. The case centered on Intuitive’s da Vinci surgical robot system, a breakthrough technology that has expanded access to minimally invasive procedures. SIS alleged violations of Sections 1 and 2 of the Sherman Act, claiming that Intuitive had illegally tied the sale and service of its robots to the purchase of its EndoWrist Instruments. SIS claimed monopolization in both the “foremarket” for surgical robots and the “aftermarket” for EndoWrist repairs and replacements. Prior to closing arguments, the court granted Intuitive’s motion for judgment as a matter of law, bringing the trial to a successful close.
• News Corporation – Gallo was lead trial counsel to News Corp subsidiary News America Marketing (NAM) in several high-value antitrust competitor and class action cases. In July 2021, he led the company’s defense in a three-week jury trial in the SDNY in a monopolization suit brought by Valassis Communications, Inc. Valassis sought seven hundred million dollars in damages. After deliberating for three days, the jury was split 9-1 in favor of News Corp and NAM, enabling them to reach a confidential settlement.  
• Genentech– Gallo successfully represented Genentech in a federal jury trial in Philadelphia 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. Gallo previously assisted in a successful jury trial representation of Genentech against patent infringement claims related to oncology care products Herceptin and Rituxan.  We successfully represented Genentech in a summary judgment dismissal of patent litigation brought by Baxalta, Inc. (now a subsidiary of Takeda Pharmaceuticals) concerning Genentech’s breakthrough hemophilia treatment HEMLIBRA®. The U.S. District Court for the District of Delaware granted Genentech’s motion for summary judgment, holding that Baxalta’s patent is invalid for lack of enablement. 
• Mastercard Incorporated – Gallo has represented Mastercard for 25 years in a series of government and private antitrust actions. He is lead counsel for Mastercard in the so-called “interchange” multidistrict litigation brought by putative classes of U.S. merchants, as well as in related opt-out actions brought by nearly 100 of the largest merchants in the U.S., challenging payment card “interchange” fees and certain rules governing merchants’ acceptance of payment cards. He is currently representing the company in three antitrust class actions brought on behalf of independent ATM operators and two groups of ATM consumers challenging ATM access fee non-discrimination rules. He also represents the company in defense of an antitrust class action brought on behalf of U.S. merchants alleging that major payments networks, together with card-issuing banks, conspired to shift fraud costs for certain card transactions from the issuing banks onto merchants in connection with the roll-out of EMV-chip cards in the U.S. Gallo has further 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 – Gallo was lead counsel to Sharp Electronics Corporation and Sharp Electronics Manufacturing Company of America, Inc. as plaintiffs in a major antitrust opt-out litigation concerning cathode-ray tubes. His clients alleged that manufacturers of cathode-ray tubes conspired to fix prices and exchanged competitive business information, harming competition in violation of Section 1 of the Sherman Act. The alleged conduct occurred over a 12-year period and affected billions of dollars of cathode-ray sales in the U.S. Ken negotiated favorable settlements with the Hitachi, LG, Panasonic, Philips, Samsung SDI, Technologies Displays Americas, Thomson and Toshiba defendants. Gallo and the team also obtained summary judgment on behalf of Sharp dismissing a $3 billion damage claim brought by Motorola for alleged price fixing of LCDs, and represented Sharp in a DOJ investigation of LCD pricing and LCD class action opt-out cases brought by AT&T, Best Buy and Dell.
• Morgan Stanley – Gallo represented Morgan Stanley in a class action alleging that primary dealers in the auction market for debt instruments issued by the U.S. Treasury conspired to rig the auctions and manipulate the pricing of Treasury bills, notes, bonds and derivative products.
• Cartel Matters – Gallo regularly represents U.S., Japanese and European companies in DOJ and state AG antitrust investigations. He has, for example, represented a major European bank in an investigation related to alleged bid rigging concerning municipal bonds; a major financial institution in the foreign exchange investigation; a U.S. corporation in the transportation industry; a Japanese manufacturer of high technology glass products; and a European carbon manufacturer. Gallo has served as global coordinating counsel for clients facing investigations by competition authorities in the U.S., Canada, Mexico, Japan, Korea, Brazil, the UK and the EU.
• Siemens Corporation – Gallo successfully represented Siemens as a plaintiff in a patent jury trial in the Northern District of Georgia related to telecommunications equipment. He also represented Siemens in an ITC patent trial related to LED products. The matter settled before trial.