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Phone: (312) 443-1722
Fax: (312) 896-6722
Mr. Gaertner is a member of the Locke Lord 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.
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:
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.
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