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Eugene Gelernter

is a partner with Patterson Belknapp. His practice concentrates in patent infringement litigation and other complex litigation matters. He has represented patentees and alleged infringers in numerous trials and arbitration hearings in high-stakes patent cases. In five of his cases, he has won judgments or arbitration awards ranging from $150 million to $700 million for his clients. He also represented the plaintiff in a series of cases where the client received settlements totaling $3.2 billion. He has successfully briefed and/or argued numerous appeals in the Federal Circuit and other appellate courts. For more information or to contact Mr. Gelernter please visit his firm bio page.

Recent Articles by Eugene Gelernter

The AIA does not restrict judicial review of a final written decision

The AIA and its legislative history do not provide clear and convincing evidence that Congress intended ultra vires agency action by the PTO in holding claims unpatentable to be exempt from judicial review on appeal from a final written decision in an IPR. The Supreme Court should make clear that if the PTO holds claims unpatentable on grounds not set forth in the petition, then that ultra vires conduct is subject to judicial review, not exempt from it.