Boyd Cloern focuses his practice on antitrust and intellectual property matters, including the intersection of antitrust and IP.
Boyd’s antitrust experience includes domestic and international cartel investigations and litigation involving price-fixing, group boycott, market and customer allocations, refusals to deal, and Kodak claims in the steel, logistics, trucking, financial services, telecommunications, and computer memory industries. His experience also includes merger investigations and counseling.
Boyd’s intellectual property experience is concentrated on patent and trade secret litigation, and he has litigated cases involving a broad range of products and technologies, including semiconductors, HDTV, video processing, HD Radio, mobile device location, weapons systems, medical devices, kitchen appliances, and numerous automotive applications (infotainment, fuel injection, TPMS/RKE, engine combustion/exhaust, safety systems). Boyd also counsels clients on intellectual property issues related to licensing, patents, and trade secrets.
- District of Columbia
- US District Court, Eastern District of Michigan
- US District Court, Eastern District of Kentucky
- US District Court, Southern District of Ohio
- US Court of Appeals, Fourth Circuit
- US Court of Appeals, Federal Circuit
- J.D., University of Kentucky, cum laude; Associate Editor, Kentucky Law Journal
- B.A., University of Kentucky
Areas of Practice
- Represented Chinese Steel company against antitrust and unfair competition claims in Section 337 litigation at the International Trade Commission.
- Represented less-than-truckload carrier in defense of federal multidistrict price fixing class action litigation regarding fuel surcharges in US District Court for the Northern District of Georgia.
- Represented financial institution in defense of antitrust class action regarding underwriting practices for initial public offerings in US District Court for the Southern District of New York.
- Represented financial institution in defense of group boycott claims in connection with electronic bond market platforms in the US District Court for the Southern District of New York.
- Represented financial institution in DOJ antitrust investigation of bond market practices.
- Represented international freight forwarder in DOJ and European Commission antitrust investigation and follow-on class action litigation.
- Represented electronics company against Kodak claims in the United States District Court for the Northern District of Georgia.
- Represented Tobacco company against antitrust claims filed by over 40 state AG’s.
Antitrust/IP Counseling and Compliance
- Advised numerous companies on antitrust and intellectual property issues in connection with joint venture agreements, including antitrust compliance, drafting competitor collaboration guidelines, managing trade secret risk, drafting trade secret policies, allocating ownership of intellectual property, and related licensing issues.
- Advised on various merger issues and investigations.
- Advised numerous companies on antitrust and intellectual property issues in connection with licensing agreements.
- Advised numerous companies on antitrust and intellectual property issues relating to standards essential patents.
- Advised various companies on antitrust compliance plans and training.
- Advised numerous companies on trade secret compliance programs and policies.
- Advised on and developed MAP policies for automotive and retail companies.
- Advised on and developed competitor collaboration guidelines for various companies and industry associations.
- Advised litigation fund on risks of investments and funding agreements.
- Advising financial institution on strategic patent portfolio creation and monetization and licensing programs.
- Advised on and developed open source policies for software and automotive companies.
Intellectual Property Litigation
- Representing semiconductor manufacturer as complainant in Section 337 patent infringement litigation at the International Trade Commission.
- Representing tire company as plaintiff in trade secret litigation involving self-inflating tire technology in US District Court for the Northern District of Ohio.
- Represented automotive supplier as plaintiff in competitor patent infringement litigation involving tire pressure monitoring systems in US District Court for the Eastern District of Virginia.
- Represented automotive supplier in licensing dispute related to standards essential patents in multiple state and federal courts.
- Represented automotive supplier in competitor patent infringement litigation involving tire pressure monitoring systems as plaintiff in US District Court for the Eastern District of Michigan and as defendant in US District Court for the Western District of Virginia.
- Represented Internet company in competitor patent litigation involving WiFi location services in the US District Court for the District of Massachusetts.
- Represented tobacco flavoring company and executives in defense of trade secrets, fraud and contract claims in US District Court for the District of Maryland.
- Lead trial counsel in defense of murder charges in front of DC parole board.
- Lead counsel for habeas corpus petition for Texas death row inmate.
- Represented numerous pro bono clients in DC’s Landlord Tenant Court.
Moderator, "What’s on the Patent Landscape for 2015 and Beyond: What You Need to Know Now," 3rd Annual Patent Disputes Forum for Corporate Counsel, Costa Mesa, CA, May 20, 2015
Moderator, "Patent Trial Best Practices: Judge and Bar Perspectives," 3rd Annual Patent Disputes Forum for Corporate Counsel, Costa Mesa, CA, May 20, 2015
News & Publications
July 19, 2019
July 2, 2018
June 22, 2017
September 16, 2016
June 3, 2016
- IAM Patent 1000, Litigation: DC Metro Area (2016-2019)