Michael Gaertner

Locke Lord LLP

Michael J. Gaertner serves as litigation counsel for clients in proceedings before state and federal trial and appellate courts across the United States as well as private dispute resolution organizations, such as the American Arbitration Association and International Chamber of Commerce.

Michael represents pharmaceutical, biotechnology and chemical companies in intellectual property litigation and regulatory matters. He has significant experience in representing clients in patent infringement litigation arising under the Hatch-Waxman Act, and providing advice on related regulatory matters before the Food and Drug Administration, such market exclusivity issues and Citizen Petitions.

Michael’s clients have included brand and generic pharmaceutical companies, biotechnology companies, API manufacturers and research organizations.

Michael represents clients in complex antitrust matters and litigates antitrust/unfair competition litigation claims in federal and state courts and before the Federal Trade Commission. He acts as counsel in litigation and counseling matters involving:

  • Allegations of price-fixing and collusion
  • Exclusive dealing arrangements
  • Allegations of abuse or unlawful acquisition of monopoly power
  • Acquisitions of corporations or assets

Intellectual property litigation among actual and potential competitors often involves antitrust counterclaims, ranging from claims based in allegations of fraud on the patent office to sham litigation.

Michael has significant experience representing pharmaceutical companies in connection with antitrust claims involving anticompetitive conduct specific to the pharmaceutical industry, such as allegations of improper Orange Book listings, product switching, improper citizen petitions and misuse of Risk Evaluation and Mitigation Strategies (REMs).

Michael represents clients in complex litigation matters in court and in arbitrations and mediations. Michael has experience in emergency proceedings (such as motions for temporary restraining orders and preliminary injunctions), at trial and before the appellate courts. His clients are in a variety of industries, including consumer products, financial services, insurance, manufacturing, pharmaceutical, and real estate.

Representative Experience :

  • Representative examples of clients Michael Gaertner has represented include:
    • A pharmaceutical manufacturer asserting claims against a competitor arising out of the competitor’s efforts to prevent market entry and to undermine our client’s marketing exclusivity period. (United States District Court for the Eastern District of Pennsylvania)
    • A pharmaceutical company seeking to enjoin a compounding pharmacy from distributing an unapproved drug product. (United States District Court for the Western District of Pennsylvania)
    • A drug manufacturer in multi-district litigation arising out of claims that manufacturers falsely inflated average wholesale prices to fraudulently overcharge state agencies. (United States District Court for the District of Massachusetts)
    • A biotechnology company in a lawsuit with a competitor over allegations that the hiring of a senior executive resulted in disclosure of the competitor’s trade secrets. (Circuit Court of Lake County, Illinois)
    • A major research hospital in litigation over the ownership of patents to a cancer treatment. (United States District Court for the Northern District of Illinois)

Professional History :

  • Partner, Locke Lord LLP
  • Member, Locke Lord Executive Committee

Professional Affiliations :

  • American Bar Association
  • Recognized, Benchmark Litigation (2010)

Education :

  • J.D., William & Mary School of Law, 1989
  • B.S./B.A., John Carroll University, 1986

Admissions :

  • Illinois, 1989
  • U.S. Supreme Court

Admitted To Practice :

  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Northern District of Illinois, Trial Bar
  • U.S. District Court for the Western District of Pennsylvania


Rate : $$$

What types of cases Attorney Michael Gaertner & Locke Lord LLP can handle?
Locke Lord LLP can handle cases related to laws concerning Litigation, Business, Antitrust & Trade, Intellectual Property. We manually verify each attorney’s practice areas before approving their profiles and reviews on our website.
Where is Locke Lord LLP located?
Locke Lord LLP is located at 111 South Wacker, 111 S Wacker Dr #4100, Chicago, IL 60606, USA. You can reach out to Locke Lord LLP using their phone line 312-443-1722. You can also check their website lockelord.com or email them at [email protected].
How much would it cost to hire Locke Lord LLP?
Michael Gaertner lawyer charges are specific to each case. However, they work with contingency fees and its ranges from $$ to $$$. They also provide free consultation [and no obligation quotes] if you are interested to hire.
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Locke Lord LLP
South Wacker Drive 111
Chicago 60606 IL US
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