Selected other types of dispute resolution experience
Patent Infringement and Licensing disputes litigation (US, Norway, Netherlands); mediations in US
Issues: Patent validity in relation to claims relevant to practice of invention: prior art and novelty; infringement; reasonable royalty levels, breach and termination of license agreements.
Defense of simultaneous dawn raid and judicial or administrative proceedings in cartel case: EU, Brazi, US (DOJ), Canada, Korea, Japan, Australia, New Zealand
Precedent setting General Court judgment on limits of scope of dawn raid search (Nexans vs. Commission).
Australian court trial of Nexans for cartel violations: (Noonan testimony).
Noonan appearance at the EU Commission hearing on cartel case.
Customer claims in various jurisdictions in Europe and Asia for follow on damages based on competition authority fine proceedings
Issues: Damages and causation, as legal infraction established by competition authorities. But/for price overcharge analyzed with various microeconomic tools (e.g. regression analysis). Price and cost data cleansing and relevant control variables.
Note EDF vs. Nexans: 80 M euro claim denied at Tribunal de Commerce, Court of Appeals, French Cour de Cassation (precedent established on issue of contract nullity).
Antidumping proceedings defense in: the USA (imports from Canada), the EU (imports from Japan), Argentina (imports from the USA; imports from France)
Issues: microeconomic analysis of injury: accounting issues and cost allocations for products within a greater division and using the same production facilities as other products (no exported products with an identical spec allowing a simple sales price comparison).
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