Michael 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.
Mr. Gaertner is a member of the Locke Lord LLP’s Executive Committee and Co-Chair of its Business Litigation and Arbitration Practice Group. He has been recognized as an Illinois Super Lawyer, a Top Lawyer in Chicago by the National Law Journal, a Top Rated Lawyer in Technology Law by The American Lawyer and Corporate Counsel magazine, and in Benchmark Litigation's Definitive Guide to America's Leading Litigation Firms & Attorneys.
IP Pharmaceutical & Biotechnology; Hatch Waxman-Litigation
Michael Gaertner 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.
Mr. Gaertner’s clients have included brand and generic pharmaceutical companies, biotechnology companies, API manufacturers and research organizations.
Antitrust
Mr. Gaertner represents clients in complex antitrust matters and litigates antitrust/unfair competition litigation claims in federal and state courts and before the Federal Trade Commission. Mr. Gaertner has 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; and
- 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. Mr. Gaertner 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).
Business Litigation and Dispute Resolution
Mr. Gaertner 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.
Education
- J.D., College of William & Mary School of Law, 1989
Order of the Coif
Law Review, Executive Editor - B.S.B.A., John Carroll University, 1986
Academic Achievement Awards
Bar 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. 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