Antitrust Update Blog is a source of insights, information and analysis on criminal and civil antitrust and competition-related issues. Patterson Belknap’s antitrust lawyers represent clients in antitrust litigation and counseling matters, including those related to pricing, marketing, distribution, franchising, and joint ventures and other strategic alliances. We have significant experience with government civil and criminal/cartel investigations, providing the unique perspectives of former...
Practice Expertise
- Appellate
- Alternative Dispute Resolution
- Class Action Litigation
- Biotechnology
Areas of Practice
- Alternative Dispute Resolution
- Appellate
- Biotechnology
- Class Action Litigation
- Complex Commercial Actions
- Intellectual Property Litigation
- Life Sciences / Health Care
- Litigation
- Manufacturing
- Patent Litigation View More
Profile
As a Partner in the firm’s litigation department for three decades, Mr. Gelernter successfully represented Fortune 500 companies in complex commercial cases, at trial, in arbitration and on appeal. Since retiring from the partnership, his practice has focused on pro bono matters.
He served as the firm’s General Counsel and as co-Chair of its Pro Bono practice. He also taught professional ethics at Columbia Law School.
Before joining Patterson Belknap, he was a Law Clerk for the Hon. Whitman Knapp of the U.S. District Court for the Southern District of New York.
Representative Matters
Patent Infringement Cases
Mr. Gelernter has successfully litigated high-stakes patent infringement cases involving medical devices, pharmaceuticals, recombinant DNA, electrical engineering, computer software and other technologies. These include a series of cases involving coronary stents that resulted in one of the largest recoveries ever in a patent infringement case – a net recovery for the firm's client of $3.7 billion. He has been recognized by Super Lawyersas an outstanding attorney in the area of Intellectual Property Litigation.
In addition to his work in trial courts and IPRs, Mr. Gelernter has briefed and argued numerous appeals in patent cases to the U.S. Court of Appeals for the Federal Circuit.
Other Commercial Cases
Mr. Gelernter has successfully represented clients in license disputes concerning medical devices and biotechnology products, including cases where his client won awards of $164 million and $152 million.
He successfully represented a well-known entertainer in a series of lawsuits, including cases involving misappropriation of funds by the client’s business manager.
He successfully represented plaintiffs and defendants in false advertising cases, including a case where the court enjoined the adverse party from promoting its products as effective for their intended purpose.
Pro Bono Matters
Mr. Gelernter has filed amicus briefs in the U.S. Supreme Court, U.S. Courts of Appeal and state supreme courts in major cases involving reproductive rights (e.g., Food and Drug Administration v. Alliance for Hippocratic Medicine; Dobbs v. Jackson Women’s Heath; June Medical Services v. Russo; Whole Women’s Health v. Hellerstadt); hearings for detainees at Guantanamo (Hamdan v. Rumsfeld); the rights of persons seeking asylum (Jennings v. Rodriguez; Albence v. Guzman Chavez); the Prison Litigation Reform Act; criminal procedure; the use of DNA evidence; and First Amendment issues.
In one recent civil rights case, he represented the family of an African-American inmate who died in a New York State prison. Although prison officials initially attributed the death to a heart attack, evidence showed that the prisoner had been choked to death by prison guards. The case ultimately settled with the State paying three times more than it had paid in any similar case and agreeing to install cameras throughout the prison.
In addition, he has assisted the Pennsylvania Innocence Project in connection with claims of actual innocence.
In conjunction with the Legal Aid Society of the City of New York, he represented immigrants who were being detained by immigration authorities without constitutionally-mandated hearings.
After Hurricane Katrina, he represented children in New Orleans with learning disabilities who were being denied educational opportunities.
He represented an inmate on death row in Alabama in proceedings challenging the imposition of the death penalty.
Bar Admissions
- New York
- U.S. Supreme Court
- U.S. Courts of Appeals for the Second, Third, Fourth, Ninth, Eleventh and Federal Circuits
- U.S. District Courts for the Southern, Eastern and Northern Districts of New York
Education
- Stanford Law School (J.D.)
- Order of the Coif
- Oehlmann Prize for Legal Writing
- Yale University (B.A., magna cum laude)
- European University Institute in Florence, Italy (Fulbright Fellowship)
Areas of Practice
- Alternative Dispute Resolution
- Appellate
- Biotechnology
- Class Action Litigation
- Complex Commercial Actions
- Intellectual Property Litigation
- Life Sciences / Health Care
- Litigation
- Manufacturing
- Patent Litigation
Professional Career
Professional Activities and Experience
Recognized in Super Lawyers in the area of Intellectual Property Litigation
Blogs
Data Security Law Blog
DataSecurityLaw.com is the firm’s resource for the latest news, analysis, and thought leadership in the critical area of privacy and cybersecurity law. Patterson Belknap’s Privacy and Data Security practice provides public and private enterprises, their leadership teams and boards with comprehensive services in this critical area. Our team of experienced litigators, corporate advisors and former federal and state prosecutors advises on a broad range of privacy and data protection matters...
Misbranded
Misbranded is Patterson Belknap’s blog covering false advertising litigation—both consumer class actions and competitor suits—with a particular focus on FDA-regulated products (foods/beverages, pharmaceuticals, cosmetics, and dietary supplements).
New York Commercial Division Decisions
The blog is a source for insights and developments related to practice in the Commercial Division of the New York State Supreme Court. This blog reviews key developments in the Commercial Division, including important decisions handed down by the Commercial Division and appellate court decisions reviewing Commercial Division decisions. The blog also covers changes and proposed changes to Commercial Division rules and practice, including revisions to the rules since January 2015. The...
NY Patent Decisions Blog
NYPatentDecisionsBlog.com is a source for the latest patent decisions from the U.S. District Courts for the Southern and Eastern Districts of New York. The blog is authored by Patterson Belknap’s Patent Litigation practice group, whose members are highly experienced trial attorneys with extensive technical knowledge. Many have advanced scientific degrees and industry experience in fields such as communications, electrical and electro-optical technology, semiconductor technology, metallurgical...
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