Frederick R. Juckniess focuses his practice in antitrust and intellectual property as well as other complex litigation. He has been lead counsel in defense of multi-defendant antitrust actions, including on appeal. Claims have included defense of associations, tying and bundling claims, "lock-in," antitrust injury issues and group boycott issues.

He also regularly provides antitrust consulting in connection with business practices, joint venture issues, marketing including pricing (MAP/MSRP), and mergers. Mr. Juckniess also has extensive experience in complex intellectual property litigation and counseling, including concerning patents, trademarks, and trade secrets.

He is well versed in litigation involving such products and industries as engine technologies, pharmaceuticals, laser processing, inkjet printing, electronics, demolition equipment, transgenic plant strains, generators, movies, and software. He has represented plaintiffs and defendants in disputes with several Fortune 500 companies.

Experience

Illustrative antitrust, trade regulation, and complex litigation cases include:

• SC Manufactured Homes, Inc. v. Liebert, 76 Cal.Rptr.3d 73 (Cal.App. 2 Dist. 2008) cert. denied. Lead antitrust counsel in obtaining dismissal of multi-defendant conspiracy and tying claims.
• Michigan Division-Monument Builders of North America v. Michigan Cemetery Ass’n, 458 F.Supp.2d 474 (E.D.Mich 2006), aff’d, 524 F.3d 726 (6th Cir. 2008). Antitrust class action claims brought against Michigan Cemetery Association and 20 cemetery-company defendants for tying, dismissed for failure to plead viable relevant market and failure to adequately plead economically-plausible conspiracy.
• Valassis Communications, Inc. v News America Inc., 2007 WL 909232 (E.D.Mich. 2007) Antitrust claims brought against News America Inc. and affiliates for pattern of business practices regarding free-standing inserts and in-store marketing, coercion and bundling.
• Pocono Invitational Sports Camp, Inc. v. NCAA, 317 F.Supp.2d 569 (E.D.Pa. 2004). Received summary judgment on plaintiffs' claims of conspiracy to restrain trade in summer basketball camps through implementation of NCAA recruiting rules limiting and regulating summer basketball camp elements.
• Antidote International Films, Inc. v. Motion Picture Association of America, 03 Civ. 9393 (MBM), (S.D.N.Y December 5, 2003). Obtained preliminary injunction against Motion Picture Association of America for violation of Sherman Act in adoption and implementation of "screeners policy" disadvantaging independent filmmakers.
• Antidote Int’l Films, Inc. v. Bloomsbury Publishing, PLC, 242 F.R.D. 248 (S.D.N.Y. 2007) Fraud claims brought against notorious JT LeRoy aka Laura Albert which resulted in trial verdict and punitive damages. Decision held that crime/fraud exception applied to documents over which defendant asserted privilege.
• Kmart v. Areeva, Inc., 2006 WL 2828572 (E.D.Mich. 2006)
• QQC, Inc. v. Hewlett-Packard Co., 258 F.Supp.2d 718 (E.D.Mich. 2003)
• Bryson v The Pillsbury Co., 573 N.W.2d 718 (Minn. Ct. App. 1998)

Mr. Juckniess also regularly serves as lead counsel on trade secret misappropriation and patent inventorship case involving regarding laser modification of polyimide and inkjet technologies. Illustrative matters and outcomes include:

• Successfully negotiated multi-million dollar settlement and license against a Fortune 500 company in a trade secret misappropriation case.
• Successfully obtained finding of non-infringement of patent concerning battery switching technology.
• Successfully represented generator-manufacturing company in commercial dispute regarding ownership of technologies and contract construction.
• Represented companies in multiple cases concerning employee misappropriation of trade secret and confidential information.
• Counseled companies regarding intellectual property policies and non-competition.
• Counseling regarding joint venture terms, commercial policies and antitrust.
• Represented a pharmaceutical R&D company in connection with patent inventorship and infringement claims.
• Represented electronic facsimile company in connection with trademark infringement and Lanham Act claims.

Publications

""The Game of All Fours: Internet Commerce, the Rules," (co-author) Michigan Bar Journal (February 2012)

"Skeptical After the Market Crash or Campaign Season? Courts too, About Per Se Labels," State Bar of Michigan, Antitrust, Franchising and Trade Regulation Section Newsletter (December 2008)

"An End to Uniqueness-Based Presumptions of Market Power: Beyond Illinois Tool,” (co-author) Michigan Bar Journal (September 2008)

"Market Theory Gets Buried," State Bar of Michigan, Antitrust, Franchising and Trade Regulation Section Newsletter (March 2007)

Speeches and Presentations

"Tying and Bundling in the Health Care Sector," Novi, Michigan (March 2008)

"Antitrust, Market Definition and Competitive Problems," Las Vegas, Nevada (February 2008)

Awards and Honors

Michigan Rising Star – Antitrust Litigation, Michigan Super Lawyers

Michigan Super Lawyers, Antitrust Litigation