Report of Keith B. Leffler, Ph.D.
`Exhibit A CV
`
`March 2015
`
`Office:
`
`Education:
`
`14516 Edgewater Lane NE
`Seattle, WA 98155
`Phone (206) 313-2930
`(206) 462-5555
`Email k.b.leffler@gmail.com
`
`University of Alaska Anchorage
`California State University Northridge
`B.A. 1972 Economics
`University of California Los Angeles
`M.A. 1974 Economics
`Ph.D. 1977 Economics
`
`Emeritus Associate Professor of Economics
`Academic
`Appointment: University of Washington
`
`PAPERS, PUBLICATIONS, REPORTS AND PRESENTATIONS:
`
`"Competitive Injury and Damages Under Robinson Patman: Morton Salt and Statistical
`Analysis," with Ted Tados, forthcoming, Antitrust Bulletin 2015.
`
`"Bringing Market Discipline to Pharmaceutical Product Reformulations" with Steve Shadowen
`and Joe Lukens, The International Review of Intellectual Property and Competition Law,
`2011.
`
`"The Role of Transactions in the Choice of Sales Units: Per Pound or By the Unit in Produce
`Pricing," with Randy Rucker, working paper 2011. Presented at Conference Honoring Yoram
`Barzel, University of Washington; Montana State University Economics Seminar; North
`Carolina State University Economics Seminar; University or Montana Economics Seminar.
`
`"Anticompetitive Pharmaceutical Product Changes: A Roadmap for Empirical Analysis," with
`Steve Shadowen, Rutgers Law Review, 2010.
`
`"The Choice among Sales Procedures: Auction v. Negotiated Sales of Private Timber," with
`Randy Rucker, MSU Working Paper, http:lfaculty.washington.edulklefflerlAuction%20v20
`Negotiation.doc,. 2009.
`
`Lupin Ex. 1063 (Page 1 of 8)
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`

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`Report of Keith B. Leffler, Ph.D.
`Exhibit A CV
`
`"Washington State 2007-2008 Gas Price Study Final Report," Office of the Attorney General,
`http:llwww.atq.wa.,qovluploadedFileslAnotherlSafe,quardin,q Consumers/Antitrust/Unfair Tra
`de Practices/Gas Prices/41708,qasstudy.pdf, April 2008
`
`"2007 Gas Price Study: Phase I Fact Finding," Office of the Attorney General,
`http:llwww.atq.wa.,qovluploadedFileslAnotherlSafe,quardin,q Consumers/Antitrust/Unfair Tra
`de Practices/Gas Prices/2007%20Gas%20Price%20Study%20-%20phase%201.pdf,
`October 2007
`
`"Analysis of the Spring-Summer 2005 Gasoline Price Spike," (with Peter Ashton and the staff
`of the Florida AG), State of Florida, Office of the Attorney General, June 2005.
`
`"Efficiency Trade-Offs in Patent Litigation Settlements: Analysis Gone Astray?" The Use of
`Invalid Patents to Create Collusive Profits," (with Cris Leffler), USF Law Journal, presented
`at USF School of Law Conference on Antitrust Law and Patent Rights, November 2004,
`
`"Patent Litigation Settlements: Payments by the Patent Holder Are Anticompetitive and
`Should Be Per Se Illegal," (with Cris Leffler), Research in Law and Economics, 2004.
`
`"The Probabilistic Nature of Patent Rights," (with Cris Leffler), Antitrust, Summer 2003.
`
`"Want to Pay a Competitor to Exit the Market? Settle a Patent Infringement Case." (with Cris
`Leffler), ABA Economics Committee Newsletter, 2002.
`
`"The Economics of Presale Measurement: An Analysis of Presale Measurement in
`Competitive Timber Auctions," (with R. Rucker and I. Munn), Journal of Law, Economics and
`Organization, Spring 2000, presented to the Western Economic Association, June 1998.
`
`"Size Matters: The Economics of Produce Pricing," (with Randy Rucker), June 2000,
`presented to the Western Economics Association, June 2000; presented at Conference in
`Honor of Yoram Barzel December 2001.
`
`"Preliminary Report to the Attorney General Regarding California Gasoline Prices," Report to
`the California Attorney General, (with Barry Pulliam), November, 1999.
`
`"Vertical Restraints After State Oil v. Khan," Washington State Bar Antitrust Newsletter, 1998
`
`"Analysis of Gasoline Pricing in Arizona," Report to the Arizona Attorney General’s Office,
`1998.
`
`"The Competitive Impacts of ATM Surcharges," presented to the Washington State House
`and Senate Committees on Financial Institutions, 1997.
`
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`Lupin Ex. 1063 (Page 2 of 8)
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`Report of Keith B. Leffler, Ph.D.
`Exhibit A CV
`
`"Exclusive Dealing as a Facilitating Practice in Coordinated Oligopolistic Pricing," presented
`to the National Association of State Attorney Generals and the Antitrust Section of the
`Washington State Bar Association, 1996.
`
`"Competition in Gasoline Markets," presented to the Washington State Senate Law and
`Justice Committee, 1994.
`
`"The Use of Economics in Antitrust Proceedings", 1993, presented to the Antitrust Division of
`the Washington State Bar.
`
`Information and Pharmaceutical Advertising", 1993, presented at the University of California
`Los Angeles.
`
`"The Price Effects of Entry When Information Is Costly," 1992, presented at the University of
`Arizona.
`
`"Private actions and Proof of Damages in Secondary Line Cases - The Texaco v. Hasbrouck
`Case," (with R. Whaley), Antitrust Law Journal volume 59, 1991.
`
`"Transactions Costs and Economic Organization: A Study of Timber Harvesting Contracts,"
`(with R. Rucker), Journal of Political Economy, October 1991, presented at Clemson
`University, the University of Chicago and Simon Fraser University, reprinted in various
`collections.
`
`"Prescription Drug Prices and Generic Entry: Bias in Measured Inflation," presented to the
`Conference on Pharmaceutical Economics, 1991.
`
`"Regulating Gasoline Margins by Sector," testimony before the Washington State Senate Law
`and Justice Committee, 1991.
`
`"Did the Federal Trade Commission’s Advertising Substantiation Program Promote More
`Credible Advertising?" (with R Sauer), American Economic Review, March 1990.
`
`"The Impact of the Iraqi Invasion on Gasoline Prices," presented on The Compton Report,
`1990.
`
`"Franchising Contracts and the Protection of Information," 1989, presented to the Marketing
`Department, University of Washington.
`
`"Multigood Pricing and Tie-In Sales," 1989, presented at North Carolina State University.
`
`"The Impact of the Exxon Valdez Spill on Gasoline Prices," 1989, Report for the Attorney
`Generals of Washington, Oregon and Idaho.
`
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`Lupin Ex. 1063 (Page 3 of 8)
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`

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`Report of Keith B. Leffler, Ph.D.
`Exhibit A CV
`
`"Revenue from Public Natural Resource Sales: A Study of Timber Harvest Incentives", (with
`R. Rucker), Review of Economics and Statistics, May 1988.
`
`"Quality Assurance in Retail Markets through Resale Price Maintenance," 1988, presented at
`the Department of Justice.
`
`"Resale Price Maintenance and Retail Shelf Space Competition," 1987, presented at
`Washington University, St Louis.
`
`"An Analysis of the Theory of Entry Deterrence," 1987, presented to the Antitrust Section of
`the Washington State Bar.
`
`"An Analysis of Gasoline Prices at Company Owned and Independently Owned Branded
`Stations," 1987, Report for the Washington State Legislature.
`
`"Geographic Market Share: An Economist’s Perspective of A Legal Quagmire," 1986,
`presented at the American Bar Association Meetings, San Francisco.
`
`"Towards a Reasonable Rule of Reason," Journal of Law and Economics, May 1985,
`presented at the Hoover Institute, Stanford University.
`
`"The Effects of the Advertising Substantiation Program on Advertising Agencies," (with R
`Sauer), in Regulation and Consumer Protection, presented to the Federal Trade Commission
`1985.
`
`"Analysis of the Alaska Pulp Company Antitrust Case," 1985, presented to the National
`Association of Attorney Generals.
`
`"Arizona v. Maricopa County Medical Society: Maximum Price Agreements in Markets with
`Insured Buyers," Supreme Court Economic Review, 1983.
`
`"Economic and Legal Analysis of Medical Ethics:The Case of Restrictions on
`Interprofessional Association," Law and Human Behavior, September 1983.
`
`"Ambiguous Changes in Product Quality," American Economic Review, December 1982,
`presented at the American Economic Association, the University of Chicago, and Ohio State
`University.
`
`"The Prohibition of Billboard Advertising: An Economic Analysis of Metromedia," Supreme
`Court Economic Review, 1982.
`
`"Review of Regulating the Professions," editors Blair and Rubin, Journal of Political Economy,
`January 1982.
`
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`Lupin Ex. 1063 (Page 4 of 8)
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`Report of Keith B. Leffler, Ph.D.
`Exhibit A CV
`
`"The Role of Market Forces in Assuring Contractual Performance," (with B. Klein), Journal of
`Political Economy, January 1982, presented at the University of Rochester, the University of
`Chicago and the University of California at Los Angeles, reprinted in various collections.
`
`"Student Discount Rates, Consumption Loans and Subsidies to Professional Training, (with
`C. Lindsay), Journal of Human Resources, Summer 1981.
`
`"Persuasion or Information? The Economics of Prescription Drug Advertising," The
`Journal of Law and Economics, April 1981, presented to the Western Economics Association.
`
`"A Simple Model of Competitive Industry Equilibrium in New Product Research and
`Development," Economic Inquiry, January 1981.
`
`"The Ignored Issue in Economic Analysis of Minimum Wages," in The Economics of Legal
`Minimum Wages, 1981, presented to the American Enterprise Institute.
`
`"Markets for Medical Care and Medical Education: An Integrated Long Run Structural
`Approach," (with C. Lindsay), Journal of Human Resources, Winter 1981, presented to the
`Southern Economics Association.
`
`"Why Does Advertising Increase Demand?" presented to the American Advertising
`Association, 1980.
`
`"The Economics of Product Positioning", Journal of Business, August 1980, presented to
`Conference of Economics in Marketing, University of Rochester.
`
`"Markets, Quality Uncertainty, and Professional Licensure," in Occupational Licensure and
`Regulation, 1980, presented to the American Enterprise Institute.
`
`"The Competitive Effects of Advertising," Advertising Age, November 1980.
`"Signaling: Efficiency and Equilibrium," (with J. Long and T. Russell), Economic Letters,
`Summer 1979.
`
`"How Do Human Capital Investors Form Earnings Expectations?" (with C. Lindsay), Southern
`Economic Journal, October 1979.
`
`"Do Physicians Create Demand?", Patient Care, May 1979.
`
`Doctors’ Fees and Health Care Costs," guest editorial, The Wall Street Journal, February 2,
`1979.
`
`Minimum Wages, Welfare and Wealth Transfers to the Poor," Journal of Law and Economics,
`October 1978.
`
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`Lupin Ex. 1063 (Page 5 of 8)
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`Report of Keith B. Leffler, Ph.D.
`Exhibit A CV
`
`"Government Output and International Income Comparisons," Journal of Monetary
`Economics, July 1978, presented at Carnegie Mellon University.
`
`"Physician Licensure: Competition and Monopoly in American Medicine," Journal of Law and
`Economics, April 1978, presented at University of Rochester, the National Bureau of
`Economic Research, Purdue University, and the University of Chicago, reprinted in various
`collections.
`
`"Explanations in Search of Facts: A Critique of the Council of Wage and Price Stability
`Report on Physician Fees," Occasional Papers, Center for Law and Econom ics, University of
`Miami, 1978.
`
`"The Market for Medical Care," (with C. Lindsay) in New Directions in Public Health Care,
`1976.
`
`MAJOR CONSULTING WORK - Competition Antitrust Issues, Patent Economic Analysis,
`and Complex Damaqes.
`
`Mergers - SOCAL-Gulf Oil (FTC); Phillips-CONOCO (FTC); Texaco-Shell (State AGs);
`Exxon-Mobil (State AGs); BP-ARCO (State AGs); Blodgett-Butterworth Hospitals (FTC);
`Freeman Hospital (FTC); various radio mergers (DO J); Lockheed-Northrup (DO J); Flow
`InternationaI-Omax (private); JoAnn-Hancock Fabrics (private).
`
`Patent matters -- Heartstream (portable defibrillators), Kimberly Clark (diapers), Charles
`Machine Works (remote controlled digging devices), ATL (ultrasound scanheads),
`pharmaceutical commercial success (Celebrex, Adenoscan, Famvir, Aplenzin, Treximet,
`Detrol, darunavir).
`
`Monopolization - FTC and DOJ Microsoft Investigations; Microsoft Indirect Purchasers; Visa,
`MasterCard; Amex; Patent Misuse Pharmaceutical Antitrust Cases (Coumadin, Hytrin, Taxol,
`Cardizem, Cipro, Remeron, Ovcon, Premarin, Norvir, Tricor, Flonase, Neurontin, Provigil;
`Nexium; Skelaxin); NASCAR; Spirit Airlines; Intel.
`
`Price Fixing & Collusion - U.S.v. Brown University et.al. (DO J); Infant Formula; Corrugated
`Containers; Vitamins; Flat Glass I & II; Pool Products; Milk; Chocolate; Gasoline MDL 150
`(State AGs); Parcel Shipping (DO J); LCDs (DO J); Tobacco cases (State AGs & Private);
`Bristol Bay Salmon.
`
`Robinson Patman - Hasbrouck v. Texaco; FTC Book Publisher Case (FTC); Brand Name
`Drugs; Western Convenience Stores v. Suncor; Valero v. Wright.
`
`Miscellaneous Antitrust - Wilk, et.al, v. AMA, et.al.; DOJ Investigation of the ABA
`Accreditation Policies (DO J); DOJ Investigation of IBM Consent Decree (DO J); Rebel Oil v.
`ARCO.
`
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`Lupin Ex. 1063 (Page 6 of 8)
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`Report of Keith B. Leffler, Ph.D.
`Exhibit A CV
`
`Other Damage matters - Exxon Valdez Spill; DES Cases.
`
`TESTIMONY - last four years):
`Rite Aid et al. v. Abbott Laboratories, Testimony 2011 (Norvir).
`
`Biovail v. Par, Deposition 2011 (Aplenzin).
`
`King Drug Company of Florence Inc, et al., v. Cephalon, Inc et al., Dep. 2011 (Provigil)
`
`In Re LCD Antitrust Litigation, testimony 2012, 2013.
`
`Yakima Valley Memorial Hospital v. Wa. State Dept of Health, Deposition 2012.
`
`JELD-WEN v. AGC America et al., Deposition 2012, 2015.
`
`In re: Polyurethane Foam Antitrust Litigation, Deposition 2013, 2104.
`
`In re: Mushrooms Antitrust Case, Deposition 2013, Testimony 2015.
`
`In re: Nexium Antitrust Litigation, Deposition 2013.
`
`In re: Skelaxin Antitrust Litigation, Deposition 2014, Testimony 2014.
`
`Western Convenience Stores v. Suncor, Testimony 2014.
`
`In re: Pool Products Distribution Market Antitrust Litigation, Deposition 2014.
`
`Valero Marketing and Supply Company v. Wright Petroleum Company, Inc., et al. Deposition
`2014.
`
`Tessandoir v. Dairy Farmers of America, Deposition 2014.
`
`Janssen Product, L.P.. et al., v. Lupin Limited et al., Deposition 2013, Testimony 2014
`(Darunavir).
`
`WORK IN PROGRESS:
`
`Pharmaceutical Patent Extensions through Exploitation of the Regulatory System (current
`working title. Book length analysis of various techniques used by the pharmaceutical industry
`to impair generic competition.)
`
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`Lupin Ex. 1063 (Page 7 of 8)
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`Report of Keith B. Leffler, Ph.D.
`Exhibit A CV
`
`PAST EDITORIAL POSITIONS:
`
`Associate Editor, Review of Industrial Organization.
`
`Associate Editor, Managerial Decision Economics.
`
`GRANTS:
`
`Earhardt Foundation, dissertation grant.
`
`Robert Wood Johnson Foundation, grant to study competition in physician services markets.
`
`Pfizer, Inc., fellowship to study competitive issues in the pharmaceutical industry.
`
`Center for Research in Political Economy, grant to study public timber contracts.
`
`Law and Economics Center, University of Miami, grant to study the pricing of physician
`services.
`
`Pacific Institute, grant to study the effects of licensure on product quality.
`
`American Enterprise Institute, grant to study the economics of advertising.
`
`The Federal Trade Commission, grant to study the effect of advertising regulation.
`
`US Department of Agriculture, grants to study timber contracts and oil leasing.
`
`NSF, grant to study the choice of sales techniques; auctions versus negotiations
`
`TEACHING:
`
`Antitrust Economics, senior and graduate levels.
`
`Microeconomic theory, beginning and graduate levels.
`
`Industrial Organization, senior and graduate levels.
`
`Continuing Legal Education Classes in Antitrust Economics, presented to the Washington
`State Attorney General’s Office.
`
`Antitrust economics lectures at the University of Washington Law School and Seattle
`University Law School.
`
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`Lupin Ex. 1063 (Page 8 of 8)
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