ROBERT D. STONER
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`Economists
`INCORPORATED
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`Office Address
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`Economists Incorporated
`101 Mission Street, Suite 1000
`San Francisco, CA 94105
`Direct: (415) 975-3230
`Main Office: (415) 975-5510
`Fax: (415) 281-9151
`stoner.r@ei.com
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`Education
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`Ph.D., Economics, University of California, Berkeley, 1978
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`M.A., Economics, University of California, Berkeley, 1976
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`B.A., Economics, University of California, Santa Cruz, 1970
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`Fellowships, Honors and Awards
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`1988: Award for Superior Service, Federal Trade Commission
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`1987: Excellence in Management Award, Federal Trade Commission
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`1979: Award for Superior Service, Federal Trade Commission
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`1976: National Science Foundation Grant, Principal Investigator
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`1974: Doctoral Dissertation Grant, Institute of Public Utilities, Michigan State
`University
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`1970: Honors in Economics and General College Honors, University of
`California, Santa Cruz
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`Fields of Concentration
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`Industrial Organization, Public Finance, and Economic History
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`Dissertation
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`“The Diffusion of Innovations in the Electric Utilities Industry, 1955-1970”
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`WCK1098
`Wockhardt Bio AG v. Janssen Oncology, Inc.
`IPR2016-01582
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`Professional Experience
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`Economists
`INCORPORATED
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`2013 – Present: Principal, Economists Incorporated
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`1988 – 2013: Senior Vice President, Economists Incorporated
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`1987 – 1988: Deputy Assistant Director Division of Policy Analysis, Bureau of
`Economics Federal Trade Commission
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`1981 – 1987: Deputy Assistant Director Division of Antitrust, Bureau of
`Economics Federal Trade Commission
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`1977 – 1981: Staff Economist Division of Antitrust, Bureau of Economics
`Federal Trade Commission
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`1974 – 1977: Teaching Assistant, University of California, Berkeley
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`Doctoral Dissertation: “Diffusion of Technology Among Privately Owned
`Electric Utilities, 1955-1970,” published by Michigan State University’s
`Institute of Public Utilities, 1979
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`Paper delivered before Institute of Public Utilities’ 10th Annual Conference,
`“Diffusion of Technology Among Privately - Owned Electric Utilities, 1955-1970,”
`December 1978
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`Paper delivered before Eastern Economics Association, Montreal Canada, on
`“Predation and Deterrence Strategies,” May 1980
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`Comments before Southern Economic Association on paper by Lawrence
`DeBrock and Robert Masson entitled “Growing Technological Opportunities
`and the Timing of Innovation: An Economic Welfare Analysis,” November 6,
`1981
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`Paper delivered before Institute of Public Utilities’ 12th Annual Conference,
`“Strategic Predatory Practices,” December 1980
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`Paper delivered before Western Economics Association, “Merger Enforcement
`Under the Department of Justice Guidelines,” July 1986
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`"Cluster Markets in Antitrust," Economists Ink, Spring 1992
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`Publications
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`Publications (continued)
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`Economists
`INCORPORATED
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`Contributor to The Antitrust Revolution, John E. Kwoka and Laurence J. White,
`editors, “Strategic Capacity Preemption as Monopolizing Behavior: the DuPont
`(Titanium Dioxide) Case,” with Douglas C. Dobson and William G. Shepherd,
`Scott Foresman and Co., 1993
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`"Efficiences in Electric Utility Mergers," Economists Ink, Spring 1993
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`Contributor to Electric Utility Mergers – Principles of Antitrust Analysis, Mark
`W. Frankena and Bruce M. Owen, editors, “Efficiency Analysis of Electric Utility
`Mergers,” Praeger, 1994
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`"A Market-Based Approach to CRA," FRBSF Weekly Letter, May 27, 1994
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`"When Should Private Label Goods Be Included in a Product Market,"
`Economists Ink, Winter 1995
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`"Mergers between Close Competitors of Differentiated Products," Economists
`Ink, Spring-Summer 1995
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`"Excess Capacity and Anticompetitive Agreements," Economists Ink, Spring-
`Summer 1996
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`"Disciplining Price Increases through Lost Sales of Complementary Products,"
`Economists Ink, Fall 1996
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`Contributor to The Antitrust Revolution, John E. Kwoka and Laurence J. White,
`editors, “Defense Industry Rationalization: Lockheed Martin 1995,” with Philip
`B. Nelson, Oxford University Press, 1999
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`"Convergence of U.S. and E.U. Merger Enforcement," Economists Ink, Special
`Issue, 2001
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`Paper delivered before DOJ/FTC Hearings on Competition and Intellectual Property
`Law in the Knowledge-based Economy, “Intellectual Property and Innovation,”
`February 26, 2002
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`Contributor to “The Economics of Innovation,” Review of the Economics
`Literature Submitted by Antitrust Section, American Bar Association, 2002
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`Participant in FTC Roundtable on Patent Issues, October 30, 2002,
`Washington, DC
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`Publications (continued)
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`Economists
`INCORPORATED
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`"The Economic View of Patents and the FTC's Recent Patent Report," Economists
`Ink, Special Issue on Intellectual Property, Spring 2004
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`“Proposed Reforms to the U.S. Patent Regime to Combat Patents that Stifle
`Competition,” Article published in the Antitrust and Intellectual Property
`Newsletter of the Intellectual Property Committee of the Antitrust Section of
`ABA, Fall 2004, pp. 32-41
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`"Competition in Proprietary Aftermarkets," Economists Ink, Fall 2004
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`"Using Simulation and Econometric Models to Estimate the Effects of a Trade
`Restraint," with Henry B. McFarland, Economists Ink, Spring 2005
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`“Reasonable and Non-Discriminatory (RAND) Royalty Rates,” Article
`published in the Antitrust and Intellectual Property Newsletter of the
`Intellectual Property Committee of the Antitrust Section of ABA, Fall 2006,
`pp. 15-32
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`"The Antitrust Economics of Intellectual Property," with Stuart D. Gurrea and
`Phillip B. Nelson, Antitrust and Intellectual Property: A Guide for
`Practitioners, American Bar Association, Section of Antitrust Law, 2006
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`"Bundled Discounts and the Antitrust Modernization Commission
`Recommendations," Economists Ink, Spring 2007
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`“Evaluation of 2007 FTC/DOJ IP Conference Report in Light of 1995 IP
`Guidelines,” Article published in the Antitrust and Intellectual Property
`Newsletter of the Intellectual Property Committee of the Antitrust Section of
`ABA, Fall 2007, pp. 24-33
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`"Granting Preliminary Injunctions to Branded Pharmaceutical Suppliers to Stop
`Generic Entry," Economists Ink, Spring 2008
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`"Standard Setting Organizations and the FTC/DOJ Intellectual Property
`Conference Report," Economists Ink, Winter 2009
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`"Implications of the Recent Cipro Decision," Economists Ink, Winter 2009
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`“DOJ’s Changing Section 2 Enforcement Policy and High-Technology
`Industries,” with Henry B. McFarland, Icarus, Fall 2010, pp. 71-80
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`“USTR Disapproves USITC 337 Ruling on Apple v. Samsung,” Economists
`Ink, Fall 2013
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`Publications (continued)
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`“Second Circuit Affirms Dismissal of Adderall Pay–For-Delay Suit,”
`Economists Ink, Fall 2014
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`Economists
`INCORPORATED
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`“FRAND Commitments and Injunction Standards,” Economists Ink, Spring
`2016
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`Testimony
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`Submitted expert class certification affidavit in Wirebound Box Price Fixing
`Litigation, United States District Court, District of Minnesota, September 1989
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`Testified on behalf of Fedway Associates, a New Jersey liquor wholesaler, before
`Bureau of Alcohol, Tobacco and Firearms Administrative Law Judge, June 1990
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`Testified on behalf of the Federal Trade Commission in Federal Trade
`Commission vs. R.R. Donnelley and Sons, United States District Court, August
`1990
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`Testified on behalf of Occidental Chemical Corporation in re Entergy Services,
`Inc. and Gulf States Utilities Company, Federal Energy Regulatory Commission,
`September 1992 and June 1993
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`Submitted Statement of Expected Testimony in Gale M. Levine and Marina
`Shores, Ltd., A Virginia Corporation v. F. Wayne McCleskey, Jr., United States
`District Court for the Eastern District of Virginia, 1995.
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`Testified on behalf of Petitioners in Dumping and Subsidy Investigation (Nos.
`701-TA-363-364 and 731-TA-711-717): Oil Country Tubular Goods from
`Argentina, Austria, Italy, Japan, Korea, Mexico, and Spain, United States
`International Trade Commission, June 1995
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`Testified on behalf of Louisiana Energy Users Group in re An Investigation Into
`Whether Electric Industry Restructuring and Competition in the Provision of
`Retail Electric Service is in the Public Interest, Docket No. U-21453, Louisiana
`Public Service Commission, October 8, 1997
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`Testified on behalf of Petitioners in Dumping and Subsidy Investigation (No. 701-
`TA-368-371): Steel Wire Rod from Canada, Germany, Trinidad & Tobago, and
`Venezuela, United States International Trade Commission, March and October
`1997
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`Testimony (continued)
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`Economists
`INCORPORATED
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`Prepared testimony on behalf of Magnequench and Sumitomo in ITC 337
`proceeding involving patent licensing conduct on certain magnet licenses,
`June 1999
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`Prepared testimony on behalf of Integrated Payments Systems, Inc. in re
`Travelers Express Company, Inc. vs. American Express Integrated Payment
`Systems, Inc., United States District Court, District of Minnesota, 1999
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`Testified on behalf of Alcoa, Inc. and Reynolds Metal Co. in re Merger
`Application of Alcoa/Reynolds, European Commission Hearing, March 2000
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`Prepared testimony on behalf of respondent Hyundai in Sunset Review (No.
`713-TA-556): Dynamic Random Access Memory Semi-conductors from Korea,
`United States International Trade Commission, September 2000
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`Prepared testimony on behalf of Coalition for Fair Lumber Imports in Certain
`Softwood Lumber Products From Canada, International Trade Administration
`and International Trade Commission, 2001 - 2002 (No. 701-TA-414)
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`Submitted affidavit on behalf of Defendant Celestron International, Inc., in Meade
`Instruments Corp. vs. Celestron International, Inc., et al., December 16, 2002
`(antitrust analysis related to patent infringement claims and counterclaims)
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`Submitted testimony on behalf of respondent Hynix in DRAMS and DRAM
`Modules from Korea Inv. (No. 701-431) (Final), United States International Trade
`Commission, June 2003
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`Testified on behalf of respondent Ziebart International in Michigan Arbitration
`proceeding (Car Prevention Centers of Ohio et al. v. Ziebert International
`Corporation et al), September 30, 2003
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`Submitted report and testified on behalf of Defendant Tokyo Kikai Seisakusho,
`Inc. in Goss Graphic Systems, Inc. vs. Man Roland Druckmaschinen
`Aktiengesellschaf et al., US District Court, Northern District of Iowa,
`November 1, 2003
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`Submitted report and testified on behalf of Coalition for Fair Lumber Imports in
`Investigations (Nos. 701-TA-414 and 731-TA-928) (Section 129 Consistency
`Determination): Softwood Lumber from Canada, International Trade
`Commission, October, 2004
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`Testimony (continued)
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`Economists
`INCORPORATED
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`Submitted reports and testified on behalf of Coalition for Fair Lumber Imports in
`case (No. C-122-839): Administration review of the Countervailing Duty Order
`on Certain Softwood Lumber from Canada; International Trade Administration,
`November, 2004
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`Prepared testimony on behalf of Complainant Novo Nordisk, in Inv. No. 337-TA-
`572: “In the Matter of Certain Insulin Delivery Devices, Including Cartridges
`Having Adaptor Tops, and Components Thereof,” U.S. International Trade
`Commission, October 2006
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`Testified regarding class certification on behalf of Dell, Inc. in Class Action
`Complaint of Chad Brazil and Steven Seick v. Dell Inc., United States District
`Court Northern District of California, Case No. C-07-01700 RMW, 2009
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`Prepared testimony regarding FRAND licensing on behalf of Vringo, Inc. in
`breach of contract matter Vringo, Inc. v. ZTE Corporation, United States District
`Court Southern District of New York, November 2015
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`Submitted testimony evaluating commercial success, from an economic perspective, as it
`pertains to Zytiga® (abiraterone acetate) on behalf of Wockhardt Bio AG in Wockhardt Bio
`AG v. Janssen Oncology, Inc. before the US Patent and Trademark Office, Patent Trial and
`Appeal Board, August 10, 2016.
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`Submitted testimony evaluating antitrust injury on behalf of International Longshore and
`Warehouse Union in Surf City Steel, Inc. et al., v. International Longshore and Warehouse
`Union, et. al., before United States District Court, Central District of California, November
`30, 2016.
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`Specific Industry Expertise in Pharmaceuticals, Medical Devices, and Drug Wholesaling
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`1995 – Consulting economist to Arnold & Porter/Johnson & Johnson in J&J’s
`hostile acquisition of Cordis. Overlap in heart stents
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`1998 – Consulting economist to Cardinal Health, and appearances before Federal
`Trade Commission, regarding competitive effects and efficiencies of drug
`wholesaling mergers of Cardinal/McKesson and Bergen Brunswig/AmeriSource
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`2002 – Consulting economist to Jeffer Mangels and Kirkland & Ellis on behalf of
`defendant Gary Michaelson in Medtronic’s patent/breach of contract lawsuit
`against Michaelson regarding interbody spinal implant cages
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`2002 - 2006 – Consulting economist to Jones Day/Schwarz in Schwarz’s antitrust
`counterclaim against Braintree, maker of the branded constipation drug Miralax
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`Specific Industry Expertise in Pharmaceuticals and Medical Devices (continued)
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`2006 – Testifying economist on behalf of complainant White & Case/Novo Nordisk in its
`Section 337 litigation before the International Trade Commission against
`respondent/importer Sanofi-Aventis. Matter settled after report written but before trial
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`Economists
`INCORPORATED
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`2006 - 2008 – Consulting economist to McDermott, Will & Emery/Amgen in
`their defense of a lawsuit brought by Johnson & Johnson alleging that Amgen
`illegally bundled the sale of its leading red and white blood cell growth factor
`drugs. Case evolved from PI to trial on merits. Case settled in 2008
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`2010 - 2011– Consulting economist to Wilson Sonsini/Mylan in litigation
`involving the statin drug Lescol on issues of market definition and competitive
`effects
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`2008 - Present – Consulting economist on behalf of generic drug companies in
`multiple Hatch-Waxman-related cases involving issues of commercial success,
`irreparable harm and public interest
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`2012 - Present – Consulting economist to Wilson Sonsini/Mylan in antitrust
`litigation involving the anti-acne drug Doryx
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`Major Industry Expertise
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` Grocery Stores
` Casinos
` Aluminum
` Computer Memory
` Retail Drug Stores
` Telecommunications
` Electric Utilities
` Defense Industry
` Oil Refining and Marketing
` Greeting Cards
` Logs, Lumber and Paper
` Nuclear Fuels
` Medical Devices
` Pharmaceuticals
` Pharmaceutical Data
` Text Messaging
` Softwood Lumber
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` Textbooks
` Automobiles
` Composites
` Steel
` Printing
` Carbon Black
` Hospital Beds
` Drug Wholesaling
` DRAMS
` DVDs
` Real Estate
` Newspapers
` Electronic Equipment
` Digital Music Players
` Smart Phones
` Pipelay Barges
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