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)
- J.D., William & Mary School of Law, 1989
- B.S./B.A., John Carroll University, 1986
- 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 : $$$