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.
Michael 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 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.
Michael's clients have included brand and generic pharmaceutical companies, biotechnology companies, API manufacturers and research organizations.
Michael represents clients in complex antitrust matters and litigates antitrust/unfair competition litigation claims in federal and state courts and before the Federal Trade Commission. He 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
- 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. Michael 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
Michael 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.
Representative examples of clients Michael Gaertner has represented include:
- Pharmaceutical manufacturers in numerous cases involving alleged patent infringement arising under the Hatch-Waxman Act. (United States District Court for the District of Delaware, United States District Court for the District of New Jersey, United States District Court for the Northern District of Illinois, United States District Court for the Eastern District of Philadelphia, United States District Court for the Southern District of New York)
- A pharmaceutical manufacturer asserting claims against a competitor arising out of the competitor's efforts to prevent market entry and to undermine our client's marketing exclusivity period. (United States District Court for the Eastern District of Pennsylvania)
- A pharmaceutical company seeking to enjoin a compounding pharmacy from distributing an unapproved drug product. (United States District Court for the Western District of Pennsylvania)
- A manufacturer of pharmaceutical compounds, its parent company and shareholder in an action brought by two pharmaceutical companies for alleged monopolization and conspiracy claims under the Sherman Act, Clayton Act and state law. The plaintiffs alleged that defendants entered into a conspiracy to deprive plaintiffs from access to a pharmaceutical compound in an effort to monopolize both the markets for that compound as well as for the finished product manufactured with the compound. (United States District Court for the Southern District of New York)
- A drug manufacturer in multi-district litigation arising out of claims that manufacturers falsely inflated average wholesale prices to fraudulently overcharge state agencies. (United States District Court for the District of Massachusetts)
- A biotechnology company in a lawsuit with a competitor over allegations that the hiring of a senior executive resulted in disclosure of the competitor's trade secrets. (Circuit Court of Lake County, Illinois)
- A major research hospital in litigation over the ownership of patents to a cancer treatment. (United States District Court for the Northern District of Illinois)
Professional Affiliations and Recognitions
- Recognized, Illinois Super Lawyers (2013-2020)
- Named, Leading Lawyers - Illinois for Commercial Litigation (2015)
- Recognized, Martindale-Hubbell® AV Preeminent™ (1999-2017)
- American Bar Association
- Recognized, Benchmark Litigation (2010)