Rohit K. Singla is a litigation partner who focuses on antitrust and intellectual property disputes in high technology industries. He represents clients in a wide range of technologies, including software, entertainment, videogames, pharmaceuticals and medical devices.
Mr. Singla’s antitrust work includes representing clients in cases involving monopolization, horizontal and vertical conspiracies, sham petitioning, resale price maintenance and Robinson-Patman Act violations. He also has significant intellectual property experience in a range of areas including patent litigation, copyright, Digital Millennium Copyright Act (DMCA) and trade secret claims.
Mr. Singla has a particular specialty in the intersection of antitrust and intellectual property, such as antitrust challenges to so-called “reverse payment” patent settlements, claims of sham patent litigation, technological tying and intellectual property defenses to antitrust claims.
Mr. Singla’s representative matters include:
- Solvay Pharmaceuticals, Inc. as lead counsel in defense of claims by the Federal Trade Commission and MDL class actions asserting antitrust challenges to patent settlements. The matter led to the landmark Actavis decision by the United States Supreme Court. FTC v. Actavis; In re Androgel Antitrust Litig.
- Lyft Inc. with respect to an antitrust challenge to its hiring and pricing practices brought by a purported class of private car service providers.
- NCAA as trial counsel in a nationwide class action asserting antitrust and intellectual property claims relating to NCAA rules that allegedly preclude collegiate basketball and football athletes from being paid for the alleged use of their name, image and likeness.
- Takeda Pharmaceuticals, Inc. as lead counsel in:
- Purported antitrust MDL class actions brought by direct and indirect purchasers of Actos and/or Actoplus Met in the United States District Court for the S.D.N.Y.
- Obtaining denial of class certification to two proposed classes of indirect purchasers alleging that Takeda’s conduct in licensing and enforcing patents delayed entry into the market of a generic version of the muscle relaxant Skelaxin.
- Leegin Creative Leather Products (now known as Brighton Collectibles) as national antitrust counsel defending against class action challenges to alleged resale price maintenance agreements; obtained dismissals in Tennessee, Texas and Kansas trial and appellate courts, on remand from landmark U.S. Supreme Court decision.
- Microsoft in wide-ranging antitrust and intellectual property litigation concerning technological measures in the Xbox 360 videogame console designed to preclude unauthorized accessories. The litigation included DMCA, copyright, trade secret, patent, design patent, trademark and Kodak “aftermarket” antitrust claims.
- Abbott Laboratories as one of three lead counsel in multiple nationwide antitrust class action challenges to patent settlements and patent litigation. Prevailed in lengthy jury trial and obtained numerous ground-breaking appellate victories in Ninth and Eleventh Circuits, establishing standards for patent settlements, decertifying direct-purchaser class, and invalidating class action opt-outs.
- MPAA co-lead trial counsel in precedent-setting DMCA and antitrust dispute over the “RealDVD” copying system developed by Real Networks.
Mr. Singla has an active pro bono practice that included a labor arbitration on behalf of an alternative high school in Oakland, a series of immigration appeals on behalf of an innocent target of post-9/11 antiterrorism investigations, a Ninth Circuit appeal in a prisoner civil rights case, asylum cases involving transgender issues and various civil rights matters. He is a member the board of the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area and the board of governors of Public Advocates.
Mr. Singla received a B.S. with honors in Computer Science from Stanford University, where he was the first undergraduate to be awarded a teaching fellowship in the Computer Science department and spent four years as a teaching fellow. Mr. Singla then spent two years with McKinsey & Company’s Knowledge Management group in New York.
After receiving his law degree, magna cum laude, from Harvard Law School, Mr. Singla clerked for Judge Alfred T. Goodwin of the U. S. Court of Appeals for the Ninth Circuit in Pasadena and served as a research fellow at Stanford Law School’s Law, Science & Technology Program.