Gerson S. Panitch

Partner

Gerson Panitch handles a broad range of intellectual property matters, focusing on patent infringement litigation, strategic patent planning, and due diligence.

For more than 20 years, Mr. Panitch has appeared in patent infringement actions before federal district courts across the country and in the U.S. International Trade Commission. He has developed successful strategies for defending clients accused of patent infringement, and for recovering attorneys fees in the process.

Mr. Panitch uses his patent litigation experience to assist companies from high-tech startups to members of the Fortune 500 map out strategies for gaining exclusive market footholds. He helps clients apply strategic planning concepts to patenting decisions, isolating and protecting those inventions most likely to add value to the bottom line. When clients expand through merger, acquisition, joint venture, or addition of new product lines, Mr. Panitch often provides due diligence counsel to assess infringement risks, help clients avoid them, and define avenues for enhanced patent protection.

Highlights

• After successfully defending clients in two unrelated patent infringement litigations, obtained attorneys fees awards for both clients.
• Serves on the Board of Editors of Patent Strategy & Management.
• Teaches advanced patent strategy course at The University of Haifa Law School in Israel.
• Lecturer for CLE organizations worldwide including Thompson-West, PRG, Intellectual Property Resources Institute, and Forum Management Institute on U.S. Patent Litigation and Patent Strategy.

Professional Activities

• District of Columbia Bar (Section on Patent, Trademark and Copyright)
• State Bar of Wisconsin (Section on Patent Law)
• American Bar Association (Section on Patent, Copyright and Trademark)
• American Intellectual Property Law Association
• Federal Circuit Bar Association

Select Publications

• "Recent Patent Wars Provide Important Survival Lessons," Bloomberg Law Reports, Oct. 24, 2011.
• "Is the Name of the Game Still the Claim? The Post-Phillips Revolution in Patent Law," Intellectual Property Today, June 2007.
• "Maximizing Patent Protection Ex Post Festo," Patent Strategy & Management, Feb. 2001.
• "When Acquiring Patent Rights, How Much Diligence Is Due?", Patent Strategy & Management, Oct. 2000.
• "Sailing on a Notion," Tech Counsel, Aug. 14, 2000.
• "Patent Law: Strategic Due Diligence," The National Law Journal, May 15, 2000.
• "Market-Driven Method Preserves Patents' Value," The National Law Journal, Feb. 14, 2000.
• "New Trial Strategies in View of Markman: The Risk of a Narrow Focus," Patent World, Sept. 1997.