Douglas Frank, PhD

Douglas Frank is a Principal in the Antitrust and Competition Practice at Bates White. He specializes in the economic analysis of competition, intellectual property, firm strategy, and governance matters. His litigation experience includes work in high-profile antitrust and intellectual property matters across a broad range of industries, including agriculture, automobiles, biotechnology, chemicals, health insurance, information technology, medical devices, and pharmaceuticals. Dr. Frank has also consulted for numerous organizations around the world in the areas of strategy, governance, and organization design.

Before joining Bates White, Dr. Frank held senior positions at other economic consultancies, as well as various management positions at Bayer AG. He worked in academia for 10 years as an Assistant Professor of Strategy at INSEAD, where he was twice recognized as the Outstanding Teacher of Elective Courses in the MBA program. His research has been published in leading academic journals, including Industrial Relations and Management Science.

PhD, Managerial Economics and Strategy, Northwestern University

MBA, Carnegie Mellon Tepper School of Business

BS, Chemistry and German, Indiana University of Pennsylvania

EXPERT Q&A SERIES

Dr. Frank discusses how he applies project management and storytelling expertise to his work.

Antitrust

• On behalf of Epic in Epic Games LLC v. Google LLC et al., supported the expert on issues of market definition, market power, theory of harm, and competitive effects.
• Supported expert in assessing commission rate that would prevail under competition in separate actions involving two allegedly monopolized mobile app distribution markets.
• Supported expert in assessing market definition, market power, theory of harm, and anticompetitive effects in a case concerning the alleged monopolization of a mobile apps market by a dominant platform operator.
• Conducted market analysis in support of a Walker Process counterclaim in a dispute involving alleged infringement of a plant patent.
• Assessed potential anticompetitive implications of an industry consortium’s licensing practices for patents related to streaming technology.

FRAND

• Co-authored economic study calculating FRAND royalty rates for LTE and 5G standard-essential patents in automotive applications.
• Co-authored economic study calculating FRAND royalty rates for Wi-Fi standard-essential patents.

Patent and copyright infringement

• Supported expert in assessing damages from AT&T’s alleged infringement of wireless patents owned by Finesse Wireless. Jury award of $166,303,391 to Finesse was the exact amount proposed by the expert.
• Supported expert in assessing lost profits and reasonable royalties from Lilly’s alleged infringement of Teva patents for a branded biologic drug, resulting in a jury award of $175 million to Teva.
• In a dispute before the International Trade Commission, supported expert in rebutting alleged harms to the public interest from a proposed (and subsequently upheld) exclusion order against Apple for alleged infringement of AliveCor patents related to ECG technology.
• In a dispute before the International Trade Commission, performed qualitative analysis and market analysis to calculate the economic impact of prohibiting the import of certain automobiles accused of incorporating patent-infringing components.
• Supported academic affiliate in using text similarity scoring algorithms to assess defendant’s claims that the plaintiff’s copyrighted language originated in other works.