Chair of the firm’s Intellectual Property Litigation Practice Group, Gerry has extensive experience litigating complex matters pertaining to patents, trademarks, copyrights, trade secrets and breach of contract. Gerry is also the former chair of the Intellectual Property Department.
An experienced intellectual property lawyer, Gerry focuses his practice on patent law and intellectual property litigation. He has litigated numerous cases involving patents, copyrights, trademarks, trade dress and trade secrets. He counsels clients regarding:
- Validity and scope of intellectual property rights
- Portfolio development
- Strategic positioning of corporate assets, opinion work and evaluating legal risk in the pharmaceutical and medical device industries
- Evaluating third-party intellectual property rights relating to chemistry and molecular biology, such as therapeutic compounds, biopharmaceuticals, formulations, manufacture, importation, methods of use and related FDA issues
- Representation of intellectual property matters and transactions relevant to corporate acquisitions and divestitures
Gerry also provides skilled knowledge to manufacturers and developers in the fields of pharmaceutical, biotechnology, chemical and medical device arts.
Gerry's clients include Fortune 100 companies as well as universities and other not-for-profit organizations.
Gerry has successfully:
- Obtained injunctive relief in a several hundred million dollar patent infringement matter against a competitor’s infringing biologic product involving a case of first impression for the Federal Circuit. Bio-Technology Gen. Corp. v. Genentech, 80 F.3d 1553 (Fed. Cir. 1996);
Litigated a patent infringement case to favorable settlement. Rutgers, The State University of New Jersey v. Qiagen, Inc., 3:15-cv-07187 (D.N.J. 2015);
Litigated a trademark infringement case to favorable settlement. Glam and Glits Nail Design, Inc. DBA Kiara Sky Professional Nails v. Sky Beauty, LLC , 3:16-cv-1271 (C.D.CA. 2016);
Litigated a patent infringement case to favorable settlement. DRG- International v. Bachem Americas, Inc. and Peninsula Laboratories International, Inc., 2:15-cv-07276 (C.D.CA 2015);
- Defeated four preliminary injunction motions in multimillion-dollar pharmaceutical patent case. Everett Laboratories, Inc. v. Acella Pharmaceuticals, LLC (D.N.J. 2013);
- Litigated a trademark infringement case to favorable settlement. Mr. Water Heater Enterprises, Inc. v. 1-800-Hot Water Heater, LLC, 648 F.Supp.2d 576 (S.D.N.Y., 2010);
- Obtained a multimillion-dollar jury award for damages in a hard-fought breach of contract trial on behalf of client Nature’s Plus Nordic AS, a Norwegian distributor of skin care, makeup and health supplements in the Nordic region. Nature's Plus Nordic AS v. Natural Organics Inc., 2:09-cv-04256 (E.D.N.Y. 2009);
- Obtained favorable Markman decision on behalf of medical device manufacturer. Howmedica Osteonics Corp. v. Tranquil Prospects Ltd., WL 2750228 (N.D.I. 2009);Howmedica Osteonics Corp. v. Tranquil Prospects, Ltd.,482 F.Supp.2d 1045 (N.D.Ind.,2007);
- Obtained permanent injunctions on behalf of the National Lacrosse League in separate trademark infringement matters. (S.D.N.Y. 2006);
- Litigated multimillion-dollar medical device patent case to favorable settlement. Precimed, S.A. v. Orthogenesis, Inc., 2006 WL 6160497, 2006 Markman 6160497 (E.D.PA. 2006);
- Litigated multimillion-dollar medical device patent case to favorable settlement. IMCOR Pharmaceutical Co. and Alliance Pharmaceutical Corp. v. Amersham Health, Inc., Amersham Health As and Amersham plc., 03-2853 (SRC) (D.N.J. January 10, 2005);
- Successfully litigated multimillion-dollar semiconductor patent case. Greene, Tweed of Del., Inc. v. DuPont Dow Elastomers, LLC, 2003 U.S. Dist. LEXIS 21034 (E.D.P.A. 2003);
- Obtained favorable Markman decision on behalf of Biotech company and favorable settlement. Genentech, Inc. v. Boehringer Mannheim GmbH, 989 F. Supp. 359 (D.Mass. 1997); and
- Obtained preliminary injunctive relief in a several hundred million dollar patent infringement matter against a competitor’s infringing biologic product. Genentech, Inc. v. Novo Nordisk A/S, 935 F. Supp. 260 (S.D.N.Y. 1995).
Before Fox Rothschild
Gerry was a named partner of an intellectual property law firm in New Jersey, and was an attorney for 10 years at Rogers & Wells and at Clifford Chance in New York. He held a post-doctoral fellowship with Merck, Inc.
Technology is No. 1 Priority for U.S. Copyright Office
On October 25, 2011, the U.S. Copyright Office released a paper outlining 17 policy priorities for the next two years. In this podcast, Gerry discusses the highlights of the Office’s plans, including its intention to study and develop an alternative process for resolving small copyright infringement claims, conduct a preliminary analysis of the issues surrounding mass book digitization, and provide analysis and support to Congress in its effort to address a number of issues.
Honors & Awards
- Named a "Life Sciences Star" for his outstanding patent work by LMG Life Sciences (2012-2015)
- Named to “IP Stars” by Managing Intellectual Property (2012-2017)