Koren W. Wong-Ervin
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Koren Wong-Ervin is a recognized thought leader and has testified before Congress on domestic and international antitrust issues. She has more than sixteen years of experience, including representing defendants and plaintiffs in high-stakes litigations and representing technology companies in domestic and foreign investigations. Koren previously served at the Federal Trade Commission as Counsel for Intellectual Property and International Antitrust and as an Attorney Advisor to Commissioner Joshua Wright.

Koren is a frequent speaker and author, including training hundreds of foreign judges and competition enforcers on antitrust law and economics. She has spoken at over 100 domestic and international events and written dozens of articles on a variety of topics, including the intersection of antitrust and intellectual property, mergers, vertical restraints, platforms, incremental innovations or “product hopping,” optimal penalties, extraterritoriality, methodologies for calculating patent infringement damages, and international due process and convergence.

Professional Activities

  • ABA Antitrust Law Section, numerous leadership positions (2009-Present)
  • Co-Chair, Competition/Consumer Protection Policy and North American Comments Task Force (2019-Present)
  • Member, Due Process Task Force (2018-2019)
  • Member, International Task Force (2016-2019)
  • Co-Chair, Antitrust in Asia Conference (2015-2016)
  • Vice Chair, Intellectual Property Committee (2012-2015)
  • Editorial Board, ANTITRUST LAW DEVELOPMENTS 7TH (two-volume treatise) (2009-2012)
  • USG Non-Government Advisor, International Competition Network (2017-Present)
  • Committee Member, Business at OECD (2017-Present)
  • Contributing Editor, The Sedona Conference’s Framework for Analysis of Standard-Essential Patents and FRAND Licensing and Royalty Issues (2014-Present)
  • Advisory Board Member, Fordham University School of Law Competition Law Institute (2019-Present)
  • Co-Editor, LEXIS-NEXIS Antitrust Report Publication (2020-Present)

Experience

Litigation

• Represented Qualcomm in the $1 billion Apple v. Qualcomm antitrust litigation involving allegations of unlawful tying, refusals to license, and exclusive dealing.
• Represented a major standard-essential patent holder in a multistate antitrust class action alleging unlawful tying, refusals to license, and exclusive dealing.
• Represented a major standard-essential patent holder in connection with its intervention in the UK Supreme Court appeals in Unwired Planet v. Huawei and Conversant v. Huawei & ZTE, addressing issues such as global versus country-by-country licensing and the meaning of the “nondiscriminatory” prong of the FRAND commitment.
• Represented plaintiff-classes in the Sirius XM multistate antitrust class action and in numerous price-fixing cases.
• Represented 3M in the landmark LePage’s v. 3M bundled-rebates appeals and follow-on class actions.
• Represented Visa in the then-largest antitrust class action in U.S. history, In re Visa Check/MasterMoney.

Investigations

• Represented a major chipset maker in investigations and subsequent court appeals in cases brought by the European Commission involving loyalty-discounts and predatory pricing allegations.
• Represented a major standard-essential patent holder in the Korean court appeals of an investigation brought by the Korea Fair Trade Commission involving allegations of unlawful tying and bundling and refusals to deal.
• Represented Google in the U.S. Federal Trade Commission’s online-search investigation.

Transactional

• Defended Qualcomm against Broadcom’s hostile takeover attempt.
• Represented technology companies in a number of merger investigations before the Department of Justice and Federal Trade Commission.

*Includes matters handled prior to joining Axinn

Thought Leadership

Co-authored with Anne Layne-Farrar, “Methodologies for Calculating FRAND Damages: An Economic and Comparative Analysis of the Case Law from China, the European Union, India, and the United States,” 8 Jindal Global L. Rev. 127 (2017)

“The Global Antitrust Attack On Intellectual Property Rights And What The U.S. Should Do About It,” Forbes (Sept. 1, 2017)

Co-authored with Douglas H. Ginsburg, Bruce H. Kobayashi, & Joshua D. Wright, “FRAND in India,” Complications and Quandaries in the ICT Sector: Competition Issues and Standard Essential Patents (Fall 2017)

“Righting the Course: What the DOJ Should Do About the IEEE Business Review Letter,” Competition Policy International (Aug. 2017)

Co-authored with James C. Cooper & Joshua D. Wright, “Occupational Licensing Hinders the American Dream,” RealClear Policy (July 10, 2017)

Testimony of Koren W. Wong-Ervin, Antonin Scalia Law School, George Mason University, Before the United States House of Representatives Committee on the Judiciary, Subcommittee on Regulatory Reform, Commercial and Antitrust Law, “Recent Trends in International Antitrust Enforcement” (June 29, 2017) (video)

Co-authored with Douglas H. Ginsburg & Joshua D. Wright, comments on foreign draft laws and guidelines available at https://gai.gmu.edu/competition-advocacy-program/ (Aug. 2015-May 2017)

Prepared Statement of Koren W. Wong-Ervin, Antonin Scalia Law School, George Mason University, Before the United States House of Representatives Committee on the Judiciary, Subcommittee on Regulatory Reform, Commercial and Antitrust Law, “International Antitrust Enforcement” (May 19, 2017)

“Problematic Aspects of the Japan Fair Trade Commission’s Proposed Distribution Guidelines,” Competition Policy International (May 2017)

“International Competition Policy Expert Group: Report and Recommendations,” Competition Policy International (May 2017)

“Troubling Aspects of the European Commission’s Standard-Essential Patents Roadmap,” Competition Policy International (May 2017)

“Problems In Proposed Changes To Vietnam’s Competition Law,” Law360 (May 10, 2017)

“An Update on the Most Recent Version of China’s Anti-Monopoly Guidelines on the Abuse of Intellectual Property Rights,” Competition Policy International (May 2017)

“Protecting Intellectual Property Rights Abroad: Due Process, Public Interest Factors, and Extra-Jurisdictional Remedies,” Competition Policy International (Apr. 2017)

Co-authored with Douglas H. Ginsburg, Anne Layne-Farrar, Scott Robins, & Ariel Slonim, “A Comparative and Economic Analysis of the U.S. FTC’s Complaint and the Korea FTC’s Decision Against Qualcomm,” Competition Policy International (Apr. 2017)

Co-authored with Jorge Padilla, “Portfolio Licensing at the End-User Device Level: Analyzing Refusals to License FRAND-Assured Standard-Essential Patents at the Component Level,” 62 Antitrust Bull. (2017)

Co-authored with Joshua D. Wright, “Intellectual Property and Standard Setting,” 17 Federalist Society R. 52 (2016)

Co-authored with Anne Layne-Farrar, “Standard-Essential Patents and Market Power,” World Competition Day (2016)

Co-authored with Joshua D. Wright, Bruce H. Kobayashi, & Douglas H. Ginsburg, “Extra-Jurisdictional Remedies Involving Patent Licensing,” Competition Policy International (Dec. 2016)

Co-authored with Douglas H. Ginsburg, Ariel Slonim, Bruce H. Kobayashi, & Joshua D. Wright, “Monetary Penalties in China and Japan,” ABA Section of Antitrust Law Cartel & Criminal Practice Committee Newsletter (ABA Section of Antitrust Law) (Fall 2016)

Co-authored with Joshua D. Wright, Douglas H. Ginsburg, & Bruce H. Kobayashi, “Comments on the U.S. Antitrust Agencies’ Proposed Updated IP Guidelines,” Competition Policy International (Sept. 2016)

Co-authored with Douglas H. Ginsburg, Bruce H. Kobayashi, & Joshua D. Wright, “‘Excessive Royalty’ Prohibitions and the Dangers of Punishing Vigorous Competition and Harming Incentives to Innovate,” Competition Policy International Antitrust Chronicle (Mar. 2016)

“An Update On China’s Anti-Monopoly Law Guidelines On IP,” Law360 (Dec. 15, 2015)

Co-authored with Douglas H. Ginsburg & Joshua D. Wright, “Product Hopping and the Limits of Antitrust: The Danger of Micromanaging Innovation,” Competition Policy International Antitrust Chronicle Vol. 12 No. 1 (Dec. 14, 2015)

Co-authored with Douglas H. Ginsburg & Joshua D. Wright, “The Troubling Use of Antitrust to Regulate FRAND Licensing,” Competition Policy International Antitrust Chronicle Vol. 10 No. 1 (Oct. 2015)

Testimony at Virginia’s Certificate of Public Need Workgroup Meeting (Aug. 19, 2015)

Co-authored with Anne Layne-Farrar, “An Analysis of the Federal Circuit’s Decision in Ericsson v. D-Link,” Competition Policy International Antitrust Chronicle Vol. 3 No. 1 (Mar. 2015)

Co-authored with James C. Cooper, Douglas H. Ginsburg, Bruce H. Kobayashi, & Joshua D. Wright, “Problems with the European Commission’s Platform Survey and Lessons Learned from the Economics of Multi-Sided Platforms and Privacy,” Competition Policy International (Jan. 2015)

Co-authored with Anne Layne-Farrar, “Methodologies for Calculating FRAND Royalty Rates and Damages: An Analysis of Existing Case Law” Parts 1-3, Law360 (Oct. 8-10, 2014)

“Procedural Fairness and the Importance of Focusing Solely on Competition Factors in Competition Analysis,” International Antitrust Bulletin (ABA Section of Antitrust Law) (Aug. 2014)

“FRAND Ambush?,” Law360 (July 10, 2014)

“Standard-Essential Patents: The International Landscape,” Public Domain (ABA Section of Antitrust Law) (Spring 2014)

Co-authored with Molly Askin & Anne Newton McFadden, “Seven Months In: The U.S. Antitrust Agencies’ Joint Model Waiver of Confidentiality,” International Antitrust Bulletin (ABA Section of Antitrust Law) (May 2014)

“Does Aspen Skiing Apply to Intellectual Property Rights?” Intellectual Property Committee Newsletter (ABA Section of Antitrust Law) (June 2013)

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Events

Education

  • JD, magna cum laude – University of California, Hastings College of Law (1999)
  • BS, magna cum laude – Santa Clara University (1996)

Admissions

  • District of Columbia
  • California