Fischer, Michelle K.

Current Employment Position(s)

Partner

Lawyer Overview

For 20 years, Michelle Fischer has focused on antitrust litigation, including class actions, and counseling in such industries as pharmaceuticals, chemicals, tobacco, food, beverages, and automotive components. In addition to serving as trial counsel in several cases, she has extensive experience in matters involving price discrimination, monopolization/attempted monopolization, price-fixing, intellectual property, distribution issues, associations, tying, refusals to deal, and exclusive dealing. Michelle also co-coordinates the Firm's practice involving application of antitrust law to issues involving intellectual property.

Michelle's experience includes appearing before federal district and appellate courts, including as trial counsel for sanofi-aventis in defending against a class action claim that the company engaged in unlawful monopolization by filing an allegedly sham citizen petition with the FDA, R.J. Reynolds in defending against a retail price discrimination claim, Schwarz Pharma in prosecuting antitrust counterclaims in an infringement suit, and Musculoskeletal Transplant Foundation in defending against infringement claims. Other examples of Michelle's experience include representing Alderwoods in defending against class action price-fixing claims and defeating class certification, and R.J. Reynolds in defending against, and obtaining summary judgment on, claims of wholesale price discrimination.

Michelle just completed her second consecutive term as chair of the Ohio State Bar Association's Antitrust Section. She has written and/or presented on various antitrust law issues, including proving relevant markets through lay witnesses (ALI-ABA's 2008 "Trying and Winning A Civil Antitrust Case"), selected contract provisions that can raise antitrust concerns (OSBA's 2008 Annual Convention), price discrimination (OSBA's 2006 Antitrust Institute), and Ohio merger law enforcement (2008 OSBA Monograph).

Areas of Practice

• Antitrust & Competition Law
• Antitrust Intellectual Property
• Antitrust Litigation
• Distribution & Robinson-Patman
• General Antitrust Counseling

Representative Cases

• Alderwoods defeats class certification motions in antitrust actions by consumers and casket distributors , (2009)
• American Board of Emergency Medicine wins appeal of antitrust class action challenging the board's eligibility criteria
• American Greetings acquires Gibson Greetings
• Cardinal Health defends FTC challenge to proposed Bergen Brunswig acquisition
• Eastman Chemical resolves sorbates price-fixing litigation
• Eastman Kodak prevails in action against Goodyear for infringement of patent relating to PET manufacturing process , (2009)
• Eubank Manufacturing settles antitrust counterclaims and patent infringement lawsuit involving wall-mounted HVAC units
• Experian wins appeal of California antitrust action filed by consumer credit report resellers , (2009)
• Frito-Lay obtains dismissal of Ohio state antitrust litigation
• International metallic products manufacturer resolves DOJ antitrust investigations , (2009)
• Magazine wholesaler and principal resolve antitrust grand jury investigation , (2009)
• Marshfield Clinic secures FTC approval for acquisition of Wausau Medical Center
• Musculoskeletal Transplant Foundation defends against patent infringement claims related to bone-cleaning and demineralization technology , (2009)
• Nestle defends against antitrust counterclaims in Break-n-Bake cookie dough patent infringement case
• Pepsi files monopolization and conspiracy suit against Coke
• R.J. Reynolds Tobacco defends Robinson-Patman antitrust litigation involving direct-to-consumer discounts
• R.J. Reynolds Tobacco summary judgment against discount stores' antitrust suit is affirmed by Seventh Circuit , (2009)
• R.J. Reynolds Tobacco summary judgment in Tennessee price discrimination case by cigarette wholesalers is affirmed by Sixth Circuit , (2009)
• sanofi-aventis wins unanimous jury verdict in Arava antitrust litigation
• Schwarz Pharma defends against patent infringement suit, prosecutes antitrust counterclaims involving GlycoLax™ , (2008)
• Scrap metal dealer defends DOJ antitrust investigation
• Textron files antitrust counterclaim in patent litigation involving automobile lumbar supports
• Tippins defends antitrust litigation involving steel mill construction
• Zimmer obtains dismissal of antitrust and RICO claims brought in Pennsylvania federal court

West Practice Categories

Antitrust & Trade Regulation, Antitrust Law, Business & Commercial Law, Complex Litigation, Copyrights, Deceptive Trade Practices, Intellectual Property Law, International Antitrust, International Intellectual Property, Litigation & Appeals, Mergers, Acquisitions & Divestitures, Mergers, Acquisitions & Divestitures, Patents, RICO Act, Trade Regulation, Trade Secrets, Trademarks, Unfair Competition

Bar Admissions

• Ohio

Education

• U of Chicago
• Yale University

Published Works

• Antitrust Alert: Federal Circuit Decision Highlights Possible Antitrust Risks in Patent Pools, 2009
• Antitrust Risks in Settling Patent Cases: The FTC and Congress Continue the Attack, While the Courts Continue To Be Unimpressed, 2009
• The Sixth and Seventh Circuits Provide Practical Robinson-Patman Guidance to Businesses, 2007
• Recent Developments in HSR Reform, 2001

Address

North Point
901 Lakeside Avenue
Cleveland, OH 44114-1190

Phones

1.216.586.7096 (Business Phone)

Faxes

1.216.579.0212 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com