Lisa C. Sullivan

What do you focus on?

I focus on three main areas: intellectual property, antitrust, and complex commercial litigation.

Intellectual Property

I handle both “hard” and “soft” intellectual property litigation.

In patent infringement cases, I represent both alleged infringers and patent owners in cases involving utility, process, and design patents in courts across the U.S. As one example, I led a trial team in the Eastern District of Texas, where we not only won a verdict of non-infringement of three patents, but also invalidated two of the patents at issue.

I frequently handle trade secret litigation involving alleged breaches of non-compete, non-solicitation, or non-disclosure clauses. In one case, our team prevailed in a bench trial in federal court alleging that our client misappropriated trade secrets of his former employer.

In addition, I have experience in other soft IP areas, including Lanham Act false advertising claims.

Complex Commercial Litigation

I represent clients in a wide variety of complex commercial disputes that have gone to trial, arbitration, and mediation.

Some of my favorite cases have been helping clients resolve disputes stemming from business deals. I’ve litigated or arbitrated cases involving earn-out disputes, alleged breaches of purchase agreements, and alleged corporate mismanagement.

Antitrust

I provide antitrust counseling on business issues such as pricing strategies and policies, distribution issues, corporate compliance programs, and the structure of joint ventures. I also collaborate with our health care lawyers to advise clients on health care antitrust issues.

In private antitrust litigation, I represent defendants as well as subpoenaed third parties. I also have represented parties in pre-merger reviews before the Federal Trade Commission and the Antitrust Division of the Department of Justice.

What do you see on the horizon?

As 3D printing technology evolves, I anticipate both intellectual property and antitrust law needing to adapt. Just as courts struggled with how copyright and trademark law would evolve with respect to digital music and video, I believe we will see today’s patent, copyright, trademark, and even trade secret law struggle with nuances created by 3D printing. On the antitrust side, it will be interesting to see how standard-setting leads to allegations of antitrust monopolization or conspiracy to exclude competitors.

Presentations

Presenter, "Antitrust Considerations in the Formation of Strategic Alliances," Northwestern University School of Law, Summer Institute in Corporate Law and Business, July 2001