Robert J. Gunther is a partner in the firm’s Litigation/Controversy Department, and a member of the Intellectual Property Litigation Practice Group. He is also a member of WilmerHale’s Management Committee.
Mr. Gunther, a Fellow of the American College of Trial Lawyers, has 30 years of experience as a trial lawyer representing life sciences pharmaceutical and technology clients in intellectual property litigation at both the trial and appellate levels. He has consistently been selected by Chambers USA, Managing IP magazine, LMG Life Sciences and IAM as a leading lawyer in the area of patent litigation.
Mr. Gunther has successfully litigated patent, trade secret and other intellectual property cases before numerous federal district courts and arbitration tribunals. He has also argued appeals before the US Court of Appeals for the Federal Circuit, litigated patent disputes before the US International Trade Commission and litigated inter partes review proceedings before the Patent Trial and Appeal Board of the US Patent and Trademark Office.
He has handled cases involving an array of technologies, including biotechnology, pharmaceuticals, medical devices, petrochemical processes, computer hardware and software, telecommunications and networking, video game and graphic display hardware and software, optical discs and consumer products, among others.
His intellectual property clients have included Abbott Laboratories, Affymetrix, Cephalon, Chugai Pharmaceutical, Eastman Kodak Company, Genentech, Mentor Graphics,Nintendo, Playtex Products, QinetiQ, Roche Molecular Systems, Sumitomo Electric and WebMD.
Prior to joining WilmerHale, Mr. Gunther was vice chair of the Global Litigation Department of Latham & Watkins, LLP, where he also previously served as co-chair of the Global Intellectual Property, Media and Technology Group.
Professional Activities :
- Member, American Intellectual Property Law Association
- Member, Board of Directors, Brooklyn Defender Services
- Member, Board of Directors, St. John’s University School of Law Alumni Association
- Eastman Kodak Company v. Asia Optical Co., Inc., 12-3206-cv (2d Cir. 2013) (argued): affirming judgment of over $33 million in favor of Kodak for breach of patent license agreement.
- Playtex Products, Inc. v. Proctor & Gamble Co., 400 F.3d 901 (Fed. Cir. 2005) (argued): reversing and vacating summary judgment of non-infringement of Playtex’s patent on a popular consumer product.
- Achieved a significant victory on behalf of our clients, multiple medical device and diagnostics companies, when the District of Delaware granted summary judgment invalidating the key patent asserted against our clients. The judge ultimately entered a final judgment as to that patent, stayed the remainder of the claims and closed the cases.
- Apotex v. Cephalon (E.D. Pa.): Counsel for Cephalon in this ANDA litigation asserting patent infringement claims against Apotex’s proposed generic version of Provigil.
- In re Hardware Emulation Systems (U.S.I.T.C.): Counsel for Mentor Graphics. Obtained advisory opinion that Mentor’s remote access to hardware emulation devices located outside the US did not violate a prior ITC exclusion order.
- Counsel for Petitioner in ad hoc Swiss arbitrations relating to misappropriation of trade secrets relating to chemical intermediates.
- JD, St. John’s University School of Law, 1984
- BA, St. John’s University, 1981
ADMISSIONS : New York
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