Bart A. Gerstenblith

Associate

Bart Gerstenblith specializes in patent litigation, primarily involving biotechnology and pharmaceuticals. He represents clients in district court litigation as well as before the U.S. International Trade Commission (ITC). He is also active in appellate litigation before the U.S. Court of Appeals for the Federal Circuit and has experience in the preparation and prosecution of patent applications before the U.S. Patent and Trademark Office (USPTO).

Beyond his patent practice, Mr. Gerstenblith devotes a substantial portion of his time to pro bono matters. He defended an individual before the District Court of Maryland resulting in the pretrial dismissal of the action and defended a tenant sued for eviction in the D.C. Superior Court resulting in a favorable settlement with the tenant remaining in the dwelling.

He also serves as co-editor of Last Month at the Federal Circuit, one of Finnegan's monthly newsletters that is distributed to subscribers worldwide. 

Highlights

• Represented Orion Corporation before the District of Delaware and the District of New Jersey in ANDA actions.
• Represented Amgen before the U.S. Court of Appeals for the Federal Circuit in a precedent-setting appeal from the USPTO.
• Represented Syngenta before the ITC in a case involving pesticides.
• Professorial lecturer in Law (AIPLA Quarterly Journal adjunct professor), The George Washington University Law School.
• Served as a judicial law clerk to the Honorable Sharon Prost, U.S. Court of Appeals for the Federal Circuit, 2005-2006.
• Served as a judicial law clerk to the Honorable Kent A. Jordan, U.S. District Court for the District of Delaware, 2004-2005.
• Served as a judicial intern to Administrative Patent Law Judges Eric Grimes and Demetra Mills, Board of Patent Appeals and Interferences of the USPTO, 2004.
• Served as a judicial intern to the Honorable Irma S. Raker, Maryland Court of Appeals, 2002.

Professional Recognition

• Recipient of the Provost's Undergraduate Award for Research and Excellence, Johns Hopkins University.
• Order of the Coif.

Professional Activities

• The Giles S. Rich American Inn of Court
• Federal Circuit Bar Association
• American Intellectual Property Law Association
• American Bar Association
• Maryland State Bar Association

Select Publications

• Coauthor. "The Current and Future Status of False Marking Cases," Bloomberg Law Reports, Aug. 22, 2011.
• Coauthor. "The Expansion and Possible Contraction of False Marking Cases," The Federal Circuit Bar Association Bench & Bar Newsletter, June 2011.
• Coauthor. "Stemming the Tide of False Marking Cases," Bloomberg Law Reports, May 16, 2011.
• "Enantiomers and racemates are different 'drug products,'" Journal of Intellectual Property Law & Practice, Jan. 27, 2011.
• Coauthor. "The Hatch-Waxman Act: Encouraging Innovation and Generic Competition," Current Topics in Medicinal Chemistry, Winter 2010.
• "An 'Active Ingredient' of a Drug Must Be Present When the Drug Is Administered," Journal of Intellectual Property Law & Practice, Dec. 21, 2010.
• Coauthor. "No Infringement Dispute, No Appellate Jurisdiction in Hypothetical Breach of Contract Claim," Journal of Intellectual Property Law & Practice, Sept. 27, 2010.
• "Conception Does Not Require Proof to a Scientific Certainty," Journal of Intellectual Property Law & Practice, Oct. 27, 2009.
• Coauthor. "The U.S. Supreme Court Clarifies Patent Exhaustion," les Nouvelles, Fall 2008.
• Coauthor. "Injunction Must Provide Explicit Notice of Conduct Prohibited," Journal of Intellectual Property Law & Practice, Aug. 12, 2008.