Scott A. Stempel

Partner

Scott A. Stempel is a partner and Practice Group Leader of Morgan Lewis's Antitrust Practice, resident in the Washington, D.C. office. Mr. Stempel's practice spans a full range of antitrust matters, from representing clients in merger and non-merger investigations before the FTC and DOJ, counseling on a wide variety of different practices in diverse industries, to representing clients in federal and state court antitrust litigation, including numerous class action MDLs. He has considerable experience, in particular, litigating and advising clients on the antitrust aspects of intellectual property restrictions and enforcement. Mr. Stempel has worked extensively for technology owners in a number of industries, including pharmaceuticals, medical devices, semiconductors, consumer electronics, computer software, and optical discs, for whom he has counseled and litigated cases on patent acquisition and enforcement, joint ventures, marketing activities, licensing, standard setting, and patent pooling.

In addition to his various publications, Mr. Stempel has also co-authored, as a member of a special ABA Antitrust Law Section Task Force, the Section's "Report on the United States Court of Appeals for the Federal Circuit (CAFC)" examining the antitrust jurisprudence of the CAFC.

Most recently, Mr. Stempel has represented a number of clients in the pharmaceutical and medical device industries in advising on mergers, licensing, collaboration agreements, and in several federal and state court antitrust cases. Significant matters include:

• Pfizer/Pharmacia. Represented Pharmacia in obtaining FTC and EU approval of Pfizer's $60 billion acquisition of the company, which included negotiation of a consent order that required the divestiture of no material lines of business.
   
• Federal Trade Commission v. Perrigo/In re Children's Ibuprofen Oral Suspension Antitrust Litigation. Represented Perrigo in negotiating termination of an FTC investigation of its agreement with Alpharma regarding the sale of Children's Ibuprofen Oral Suspension, and in follow-on private class action litigation in federal court.
   
• In re Pharmaceutical Industry Average Wholesale Price Litigation (MDL 1456). Representing Pfizer and Pharmacia in multidistrict class action litigation against the pharmaceutical industry alleging unlawful manipulation of "average wholesale price" (AWP). Litigation includes defense of separate cases filed by numerous State Attorneys General in state courts, several New York Counties in federal court, and an individual putative class action in Arizona state court.
   
• In re Brand Name Prescription Drugs Antitrust Litigation (MDL 997). Represented Upjohn in class action multidistrict litigation brought on behalf of retail pharmacies alleging a conspiracy by manufacturers of prescription drugs to deny discounts to retail pharmacies that were provided to managed care organizations, hospitals, and nursing homes and continue to represent the company in opt out cases brought on behalf of approximately 3800 independent retail pharmacies asserting claims under the Robinson-Patman Act for alleged price discrimination.
   
• Cordis Corporation v. Arterial Vascular Engineering/Arterial Vascular Engineering v. Boston Scientific. Represented AVE in prosecuting antitrust counterclaim in patent infringement case brought by Cordis and its parent, Johnson & Johnson, and in defending AVE against antitrust counterclaim brought by Boston Scientific in patent infringement litigation against Boston Scientific. Both cases arose from the manufacture and sale of cardiovascular stents.

Mr. Stempel is admitted to practice in the District of Columbia.