Bob Freitas, one of the founding partners of the firm, is a versatile trial lawyer who focuses his practice on antitrust and competition litigation and counseling, intellectual property litigation, representation of policyholders in insurance coverage claims and litigation, and complex litigation for technology companies.
Before co-founding FAWLAW, Bob spent 32 years in the antitrust, intellectual property, and litigation practices of Orrick, Herrington & Sutcliffe LLP. While at Orrick, he represented plaintiffs and defendants in a wide variety of subject matter areas, in trial and appellate courts and in arbitration. Bob also served as an Acting Deputy District Attorney for the City and County of San Francisco during his time at Orrick.
Bob is a regular speaker and writer, primarily on antitrust issues. Bob has published articles in Antitrust Magazine and Competition, and authored or contributed to chapters in publications including California Antitrust Law and Antitrust Law Developments. He is also a member of the Executive Committee of the Antitrust, Unfair Competition Law, and Privacy Section of the California State Bar.
The breadth of Bob’s experience and expertise is reflected in his trial success in substantive areas including securities, banking, employment, public finance, trade secrets, and antitrust.
Early in his career, Bob second chaired the representation of the prevailing party in California Retail Liquor Dealers Association v. Midcal Aluminum, Inc., 445 U.S. 97 (1980), the leading case on the antitrust state action doctrine. Shortly after becoming a partner at Orrick, he played a major role in another Supreme Court win in Bacchus Imports, Ltd. v. Dias, 468 U.S. 263 (1984).
Bob also served as National Coordinating Counsel for International Insurance Company’s environmental impairment liability insurance coverage litigation, managing and leading the defense of more than 20 environmental coverage disputes in courts throughout the country. His insurer side experience is often useful in his current representation of policyholders. He played a similar national role in bid protest litigation for the Land Mobile Products Sector of Motorola, Inc., defeating challenges brought by competitors to major communications contract awards won by Motorola.
In 2013, Bob obtained a jury verdict in the Best Buy TFT-LCD Antitrust Litigation awarding less than 1% of the $770,000,000 in single damages sought by Best Buy Co. and several affiliates against a defendant that had previously pleaded guilty to price fixing. In the DRAM Antitrust Litigation, he obtained a rare defense summary judgment in the direct purchaser class actions.
- In re TFT-LCD (Flat Panel) Antitrust Litigation (N.D. Cal.). Bob represented HannStar Display Corporation in a multidistrict price fixing proceeding in the Northern District of California. Bob’s work included representation of HannStar, which pleaded guilty to price fixing in a related criminal case, in a trial against Best Buy Co. and affiliates. The jury awarded less than 1% of the $770,000,000 in single damages sought by the plaintiffs. The Best Buy TFT-LCD trial was a finalist for Global Competition Review’s 2014 Litigation of the Year.
- In re Resistors Antitrust Litigation (N.D. Cal.) Mr. Freitas represents Yageo Corporation and Yageo America Corporation in direct purchaser and indirect purchaser price fixing class actions in the Northern District of California.
- Intellectual Ventures I LLC, et al. v. Capital One Financial Corp., et al. (D. Md.) and Intellectual Ventures I LLC, et al. v. Toshiba Corporation, et al. (D. Del.). Bob represents Intellectual Ventures companies in Sherman Act Section 2 litigation.
- In re Cathode Ray Tube (CRT) Antitrust Litigation (N.D. Cal.). Bob represented LG Electronics, Inc. in a multidistrict price fixing proceeding in the Northern District of California.
- Rambus Inc. v. Hynix Semiconductor, Inc., et al. (N.D. Cal.). Bob represented Nanya Technology Corporation and Nanya Technology Corporation USA in a patent infringement case in which Rambus asserted memory technology patents against features incorporated in JEDEC-standard DRAM. Bob’s work included representation of Nanya and Nanya USA in a Sherman Act Section 2 trial based on Rambus’s assertion of standard essential patents.
- Vident v. Dentsply International, Inc. (C.D. Cal.). In a Sherman Act Section 2 case, Bob obtained a Rule 68 judgment for $18,000,000 for Vident, one of the competitors identified as a target of the conduct found unlawful in United States v. Dentsply International, Inc., 399 F.3d 181 (3d Cir. 2005).
- In re DRAM Antitrust Litigation (N.D. Cal.). Bob represented Nanya and Nanya USA in a multidistrict price fixing proceeding in the Northern District of California. He won summary judgment for Nanya Technology Corporation in the direct purchaser class actions.
- European Commission DRAM Investigation. Bob also represented Nanya and Nanya USA in the European Commission DRAM price fixing investigation. The DRAM investigation included the Commission’s first use of the 2008 regulation on settlements in cartel cases.
- Walker Digital, LLC v. Activision Blizzard, Inc., et al. (D. Del.). Bob represented OnLive, Inc. in a patent infringement case involving gaming technology.
- National Union Fire Insurance Company of Pittsburgh, PA v. Seagate Technology LLC (N.D. Cal.). Bob obtained a defense for Seagate in an insurance coverage dispute arising out of the patent infringement lawsuit that resulted in the Federal Circuit’s landmark decision in In re Seagate Technology, 497 F.3d 1360 (Fed. Cir. 2007).
- MyKey Technology, Inc. v. Guidance Software, Inc. and Guidance-Tableau, LLC (C.D. Cal.). Bob represents MyKey Technology, Inc. in a multidistrict proceeding involving computer forensic devices.
- Versata Software, et al. v. Cloud9 Analytics, Inc. (D. Del.). Bob represented Cloud9 Analytics, Inc. in patent infringement litigation involving data replication technology.
- Confidential Representation of Technology Company (International Centre for Dispute Resolution). Bob won a unanimous award, including a finding of insurance bad faith, in an international arbitration proceeding.
- ABB Power T&D Company v. Alstom ESCA Corporation (N.D. Cal.). Bob obtained a defense verdict in a four-week trade secret, copyright, and Lanham Act jury trial.
- United Computer Systems v. AT&T Corporation and Lucent Technologies (American Arbitration Association). Bob defeated a $6,000,000,000 lost profits damages claim in a software license dispute.
- California Retail Liquor Dealers Association v. Midcal Aluminum, Inc., 445 U.S. 97 (1980). Bob was second chair for the prevailing respondent in the leading Supreme Court case on the antitrust state action doctrine.
- Bacchus Imports, Ltd. v. Dias, 468 U.S. 263 (1984). Bob was co-counsel with Frank H. Easterbrook for the successful appellants in a case in which the Supreme Court held that the Hawaii liquor tax violated the Commerce Clause.
- Samantar v. Yousuf, 560 U.S. 305 (2010). Bob was co-counsel with Professor Chimène Keitner for amici curiae Professors of Public International Law and Comparative Law. In Samantar v. Yousuf¸ the Supreme Court rejected a claim that the former Minister of Defense of Somalia was immune under the Foreign Sovereign Immunities Act from claims by victims of torture.
Select Publications & Speaking Engagements
"Royal Printing and the FTAIA," 25 Competition 276 (2016)
- Panelist, “Antitrust Trends and Developments in 2016: What You Need to Know,” Knowledge Group Webcast, March 10, 2016
Panelist, “Insights from the Battlefield: Advanced Trial and Class Action Practice,” 2015 Annual Meeting of the State Bar of California, October 10, 2015
Panelist, “Exploring the Impact and Implication of U.S. Antitrust Laws on Foreign Conduct,” Knowledge Group Webcast, July 22, 2015
Panelist, “Lessons Learned From the TFT-LCD Antitrust Litigation Civil Trials,” California State Bar Webinar, June 1, 2015
Co-Author, “Guilty Pleas in Civil Antitrust Trials,” American Bar Association Section of Antitrust Law, Trial Practice Committee Newsletter, Winter 2015
Co-Author, “Joint Trial of Direct and Indirect Purchaser Claims,” 23 Competition 77 (2014)
23rd Annual Golden State Antitrust and Unfair Competition Law Institute, “Big Stakes Trials,” October 24, 2013
The U.S. Patent Landscape in 2013: An Appraisal and Practice Guide, “Joinder and Venue Issues,” Santa Clara County Bar Association High Technology and Business Law/Litigation Sections, September 20, 2013
“Patent Monetization Strategies for Taiwan Companies,” Taiwan Technology Industry Legal Officers Association, Taipei, Taiwan, May 24, 2013
“Nine Patent Licensing No-Nos, No-Nos 4-6,” Licensing Executives Society (USA and Canada), March 13, 2013
“The America Invents Act One Year Later – Baby’s Growing Up Fast,” Santa Clara County Bar Association High Technology Section, September 5, 2012
“European Union Competition Law and Practice, ”The International Antitrust Forum 2011, Taiwan Fair Trade Commission, Taipei, Taiwan, September 19, 2011
Current Trends and Issues in Antitrust Litigation 2010, “Effective Trial Presentation of Antitrust Issues,” Practicing Law Institute, 2010
“Antitrust Policy A Year Into The Obama Administration: What Have We Learned? What’s Next?” Directors Roundtable, 2010
Co-Author, “Understanding The Objective Prong In Seagate,” IP Law 360, 2009
“Patent Litigation 2008, Proving Damages and Issues to Consider in Pursuing and Defending the Damages Case,” Practicing Law Institute, 2008
“Calculating and Proving Patent Damages, Beyond the Usual Courses of Action for Pursuit and Defense in a Patent Infringement Case, Closing Arguments for the Defense,” Law Seminars International, 2007
“Intellectual Property Law, Patent Cases in the Supreme Court,” Practicing Law Institute, 2006
“Effective Financial Expert Testimony, Presenting Expert Testimony, Tips for Effective Communication,” Law Seminars International, 2004
Event Co-Chair, “Calculating and Proving Patent Damages,” Law Seminars International, 2004
“Directors and Officers Insurance and Indemnity,” VC Task Force, 2004
Contributing Author, “Vertical Restraints of Trade,” Antitrust Law Developments (Seventh), American Bar Association Contributing Editor, “Cartwright Act,” California Antitrust Law, Third Edition
Contributing Editor, “Intellectual Property and Antitrust Law,” “Cartwright Act,” California Antitrust Law, Second Edition