Henry C. Su

Henry C. Su is a partner in Constantine Cannon LLP, resident in the firm’s Washington, D.C. and San Francisco offices. He has a trial and appellate practice that specializes in disputes involving antitrust, intellectual property, and technology and leverages over twenty years of accumulated courtroom experience litigating a wide variety of cases around the country. Additionally, drawing on his six-plus years of government experience with the U.S. Federal Trade Commission (FTC), Henry provides counsel and representation in matters involving government agencies and government relations.

For every case or matter he is handling, Henry drills down and hones in on the factual, legal, and economic details that matter, while never losing sight of the big picture and the client’s business objectives. He gives each legal problem his personal attention and commitment and strives to take into account the interests and concerns of all stakeholders. He brings his project management skills to bear, ensuring that each task or assignment is completed properly, timely, and cost-effectively.

During his tenure at the FTC, Henry held several senior positions within the agency. From 2013 to 2015 and for part of 2017, he was a trial lawyer in the Bureau of Competition’s Litigation Group, a specialized unit responsible for litigating anticompetitive merger and conduct cases brought by the Commission. Notably, he was lead counsel in the Commission’s successful challenge to the merger of St. Luke’s Health System and Saltzer Medical Group in Idaho, which went through both trial and appeal in the District of Idaho and the Ninth Circuit, respectively. From 2011 to 2013, Henry served as a competition advisor to Commissioner J. Thomas Rosch, providing counsel on antitrust matters and issues calling for Commission vote or input and assisting Commissioner Rosch with the preparation of speeches, interviews, testimony, and other remarks on a broad range of topics pertaining to antitrust, litigation practice, and agency decision-making. Henry then reprised his role as a competition advisor from 2015 to 2017, working for Chairwoman Edith Ramirez. As a member of Chairwoman Ramirez’s office, he also took on additional responsibilities in helping her guide and manage the work of the agency, which included, notably, the Commission’s issuance of updated Antitrust Guidelines for the Licensing of Intellectual Property (2017) and revised Antitrust Guidelines for International Enforcement and Cooperation (2017) (both jointly with the U.S. Department of Justice); Statement of Enforcement Principles Regarding “Unfair Methods of Competition” Under Section 5 of the FTC Act (2015); and reports on The Sharing Economy: Issues Facing Platforms, Participants & Regulators (2016) and Patent Assertion Entity Activity: An FTC Study (2016).

Before entering public service, Henry practiced with several law firms in Virginia and California. He got his start as a trial lawyer litigating civil and criminal cases in the Eastern District of Virginia—the original “Rocket Docket.” His eventual specialization in antitrust, intellectual property, and technology cases led him to move his practice to Silicon Valley, where he spent a total of ten years with two firms—Fenwick & West LLP and Howrey LLP—litigating patent infringement and antitrust cases and providing related counseling and strategic advice to a broad range of clients spanning the software, hardware, semiconductor, internet, network communications, medical device, and biotechnology industries. (A list of representative cases is available upon request.) Combining the time he has spent working with companies, entrepreneurs, and investors in Silicon Valley with the time he has spent working with enforcers, regulators, and policymakers in Washington, Henry offers clients a unique appreciation of, and deep insight into, the intersection of business, tech, and government interests.

Henry’s trial and appellate practice includes pro bono publico cases in the areas of criminal defense, civil rights, constitutional law, and veterans’ issues. For example, he led a trial team that successfully tried a class action against the Social Security Administration for failing to provide blind and visually impaired applicants, beneficiaries, and recipients with notices and other communications in alternative, accessible formats. That trial victory in American Council of the Blind, et al. v. Social Security Administration was recognized by the Los Angeles and San Francisco Daily Journal as one of the Top Plaintiff Verdicts of 2009. He represented the views of ten major American cities in an amicus brief filed with the United States Supreme Court in McDonald v. Chicago, which addressed whether right protected by the Second Amendment should be incorporated as against the States (and local governments) by the Fourteenth Amendment. From 2007 to 2011, Henry also volunteered to serve as an early neutral evaluator and mediator for the Northern District of California’s court-sponsored Alternative Dispute Resolution program.

Henry graduated cum laude from Yale University with a B.S. in Biology and enrolled in law school instead of medical school (but not because of fear of the sight of blood). He earned a J.D. degree from the University of Virginia School of Law, where he was a recipient of the John M. Olin Prize in Law & Economics. He credits the law and economics curriculum at Virginia Law for kindling his keen interest in the application of economic principles and analyses, which see substantial use in his chosen areas of specialization.

When he is not busy with client work, Henry writes, speaks, and teaches on topics relating to trial practice, antitrust, intellectual property, technology, and diversity/inclusion, and has been recognized as a thought leader and skilled teacher in these areas. (A list of articles and speeches is available upon request.) He has been a member of the faculty for the National Institute for Trial Advocacy since 2010, and has held, over the years, leadership positions with several bar associations, including the American Bar Association’s Section of Antitrust Law, the National Asian Pacific Bar Association, and the Federal Circuit Bar Association. In recognition of his contributions to the profession and to the trial bar, Henry’s peers elected him to be a Fellow of the American Bar Foundation and the Litigation Counsel of America, respectively, in 2008. Additionally, he was recognized by Euromoney Institutional Investor PLC as a “Litigation Star” in the 2011 edition of Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms and Attorneys.

Henry is a member of the Virginia, California, and District of Columbia bars, as well as the bars of numerous federal trial and appellate courts around the country. He is also a registered patent attorney with the United States Patent and Trademark Office.

A resident of Bethesda, Maryland, Henry is active in his community, donating time to help non-profits like A Wider Circle and the C&O Canal Trust and tutoring students at Walt Whitman High School on writing and composition. He is also a member of the United States Professional Tennis Association and has taught tennis to kids at a recreational level.

Henry C. Su's Publications & Speeches

Patent Assertion Entity Activity: An FTC Study

Federal Trade Commission. View Publication

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Thinking Fast, Free, and Fashionable: Competition and Consumer Protection in a Mobile Internet World

27 Antitrust 82 (2012-2013).  See here.

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Invention Is Not Innovation and Intellectual Property Is Not Just Like Any Other Form of Property: Competition Themes from the FTC’s March 2011 Patent Report

The Antitrust Source (August 2011). View Issue

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Patent Exhaustion—A Simple Problem Made Hard

The Antitrust Source (December 2007).  View Issue

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