Gary H. Levin

Partner

Philadelphia
T +1.215.564.8363
F +1.215.568.3439

Overview

Gary Levin focuses in patent litigation and counseling and has been involved in dozens of complex patent cases in courts around the country. He has extensive experience in patent cases in the federal courts and in contested proceedings at the Patent Office in all aspects of pre-trial, trial and appellate work, as well as in alternative dispute resolution. His cases have covered such technologies as chemical processing, pharmaceutical and agricultural products, complex medical devices, diagnostic systems, computer database configuration and wireless telecommunication technology. A significant case Gary participated in was Eli Lilly & Co. v. Medtronic, 872 F.2d 402 (Fed. Cir. 1989), in which the Federal Circuit, in a case later affirmed by the Supreme Court, established a defense to infringement for the testing of medical devices to obtain FDA approval. In a Federal Circuit appeal in 2016, Gary obtained a rare reversal, without remand, of a PTAB decision in an inter partes review that had invalidated a key claim in a patent infringement action brought by the client.

Prior to entering private practice, Gary practiced for eight years as in-house patent counsel at DuPont, focusing on polymer-based coating products, agricultural chemicals and pharmaceuticals.

Select Experience

  • Representing a multinational chemical, pharmaceutical and life sciences company as plaintiff in two patent infringement actions on patents covering client’s product entries in markets for insect and parasite protection for companion animals. 
  • Represented the patent owner, a major client in the healthcare and rehabilitation field, in an appeal to the Court of Appeals for the Federal Circuit from an adverse decision in an IPR, obtaining a rare outright reversal of an important patent claim asserted against a major competitor. Following the appellate decision, the original district court infringement action settled favorably for the client. 
  • Led team that prosecuted a patent infringement suit on behalf of a major manufacturer of refinery catalysts and additives. The verdict of willful infringement was affirmed per curium on appeal, resulting in an eight-figure award, including attorneys' fees.
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Experience

  • Representing a multinational chemical, pharmaceutical and life sciences company as plaintiff in two patent infringement actions on patents covering client’s product entries in markets for insect and parasite protection for companion animals. 
  • Represented the patent owner, a major client in the healthcare and rehabilitation field, in an appeal to the Court of Appeals for the Federal Circuit from an adverse decision in an IPR, obtaining a rare outright reversal of an important patent claim asserted against a major competitor. Following the appellate decision, the original district court infringement action settled favorably for the client. 
  • Led team that prosecuted a patent infringement suit on behalf of a major manufacturer of refinery catalysts and additives. The verdict of willful infringement was affirmed per curium on appeal, resulting in an eight-figure award, including attorneys' fees.
  • Served as part of team that took over the defense of an infringement suit against a major software developer directed to database configuration. Following a claim construction hearing held just two months into the representation, the case settled favorably for the client.
  • Represented a major hospital-affiliated research foundation in the defense of a trade secrets claim involving genotyping. Following a weeks-long preliminary injunction hearing, the case settled favorably for the client, allowing it to continue the activities on which the injunction had been sought.
  • Represented a large media company in defense of a patent infringement action involving Internet-based leasing. Following a claim interpretation hearing, the case settled favorably for the client.
  • Established a new statutory defense of non-infringement for the testing of medical devices. Was a member of the trial/appeal team that successfully developed and argued the theory that a law previously assumed to immunize the FDA clinical testing solely of pharmaceuticals applied equally to medical devices.
  • While representing a major developer of medical diagnostic equipment, developed a damages theory that was instrumental in leading to a settlement for the client valued in the mid-eight figures.
  • Represented a patentee of wireless location technology in the supplemental stages and appeal of an infringement action in which the Federal Circuit upheld a mid-eight-figure award, counsel fees and an injunction.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2016)
    • Recommended in Intellectual Property: Patent Litigation – full coverage
  • The Best Lawyers in America© (2006 to 2018)
    • Philadelphia: Litigation – Intellectual Property
    • Philadelphia: Litigation – Patent
  • Pennsylvania "Super Lawyer" (2004 to 2017)
  • Martindale-Hubbell: AV Preeminent

Memberships

  • American Intellectual Property Law Association
  • International Trademark Association
  • Philadelphia Intellectual Property Law Association
  • American Bar Association

Industries

Prior Positions

  • Woodcock Washburn LLP
    • Policy Committee
    • Finance Committee
  • DuPont: Patent Counsel (1977 to 1985)

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. Patent and Trademark Office, Registration No. 28,734
  • Pennsylvania

Education

  • J.D., Villanova University School of Law, 1976
  • B.S., Chemical Engineering, Pennsylvania State University, 1973, cum laude