Gary represents a large number of domestic and foreign clients in a variety of areas, including patent litigation, contentious and non-contentious proceedings before the governmental agencies (International Trade Commission, United States Patent and Trademark Office, and others), due-diligence studies, patent portfolio management and procurement, negotiations/disputes and licensing matters.
The majority of his practice focuses on medical imaging, analysis and therapy technologies, computer software and hardware, imaging technologies, semiconductor manufacturing, wired and wireless communications systems, material science and metallurgy, other electrical and mechanical arts, business methods and designs. Significant amount of Gary’s practice is leading matters that involve trademark, mergers and acquisitions and copyright issues.
- Keldar v. Baby Brezza Enterprises, LLC, 14-cv-904 (E.D.Tx.). Successfully represented defendant against allegations of patent infringement directed to products for making infant formula. Case was settled favorably following the Markman hearing and initial claim construction.
- Vitro Packaging, LLC v. Saverglass, Inc.IPR2015-00947. Successfully defended patent owner in an IPR proceeding. In view of the patent owner’s preliminary statement, the PTAB denied institution of inter partes review against our client’s design patent.
- Saverglass, Inc. v. Vitro Packaging, LLC. Representing plaintiff in a design patent litigation involving the ornamental design of a bottle.
- The Trustees of Columbia University in the City of New York v. HiSense USA, 14-cv-4547 (S.D.N.Y.). Successfully represented plaintiff in a breach of contract action in connection with the sale of patents. Settled on favorable terms.
- Kiss Nail Products, Inc. v. Pacific World Corporation(E.D.N.Y.). Represented plaintiff, Kiss Nail Products, Inc., alleging false advertisement and other counts by defendant.
- SPH America v. Acer, et al.(E.D. Va.). Represented defendants, Casio America, Inc. and Casio Corporation of America, against allegations of infringement of five patents alleged to cover various aspects of CDMA technology employed in cellular telephones and other wireless devices.
- SPH America, LLC v. Apple, et al.(E.D.Va). Represented defendants, Casio America, Inc. and Casio Corporation of America, against allegations of infringement of two patents alleged to cover various features of cellular telephones.
- Saverglass v. Tommy Bahama (S.D.N.Y.). Represented the plaintiff, Saverglass, in an action involving design patent infringement and unfair competition.
- Garber v. Chicago Mercantile Exchange (N.D. Ill.). Represented defendant accused of infringing patent on system for electronic trading. Plaintiff's complaint was dismissed with prejudice prior to claim construction hearing.
Due Diligence and M&A Experience
- Part of a team representing a technology company in its success sale to another entity. Lead a team of Intellectual Property professional in negotiating with the buyer’s counsel the representations and warranties of the asset purchase agreement and other agreements.
- Represented a publicly-held power distribution company in its purchase of a technology company developing and providing power control system. Lead a team of Intellectual Property professional in reviewing the intellectual property assets of the target company, provided and negotiating with the seller’s counsel the representations and warranties of the asset purchase agreement and other agreements.
- Represented a mobile device application provider of a foreign mobile device application developer. Lead a team of Intellectual Property professional in reviewing the intellectual property assets of the target company, provided and negotiating with the seller’s counsel the representations and warranties of the asset purchase agreement and other agreements.
BS, Polytechnic University, Electrical Engineering, Dean’s List and Dean’s Recognition, 1989