Gary Gillen

Gary Gillen is a partner in the Intellectual Property Department of Wildman Harrold. Gary’s practice spans diverse areas of intellectual property, including patent preparation and prosecution, intellectual property litigation, portfolio management, product clearance, and patent-related opinions. Over the past fifteen years, Gary has written, filed, and prosecuted a wide variety of patents in the software, electronic, electromechanical, and mechanical arts. He represents national and international high tech companies, manufacturers, service providers, and research organizations in a broad range of industries such as telecommunications, computer software, medical and dental, and automotive. Gary’s in-depth patent practice is complemented by his well-rounded experience in complex intellectual property litigation in federal and state courts.

Representative Experience:

Patents

Regularly counsels clients on matters relating to patent procurement, infringement and validity issues, claim construction, internal patent programs, licensing, and conflict avoidance.
Represents telecommunications and emerging technology-based companies in diverse areas such as wireless networks; automatic call distributors; software processes; integrated circuits; neural networks; business methods; computer controlled systems; communication protocols; and voice, data, and video communications.
Represents clients in original drafting and prosecution of patent applications in the mechanical arts, including medical and dental devices, lithographic printing presses, ballistic-resistant body armor, automotive components, credit-card production equipment, firearms, and consumer products.
Represents universities and research organizations in areas of optical and microwave technologies, magnetic resonance imaging, NMR spectroscopy, and computer objects and models. Obtained patent for Nobel prize winning inventor on behalf of a premier Midwestern university.
Serves as outside intellectual property counsel for a major online travel services provider. Develops and manages patent portfolio of software and Internet-related technologies and provides counseling related to implementation of patent programs and product review evaluations.

Intellectual Property Litigation

Regularly represents clients in intellectual property litigation matters, including patent and other technology-related commercial disputes. Litigation practice includes pre-filing assessment, pre-trial pleadings and motions, fact and expert discovery, pre-trial orders, and claim construction advocacy.
Defended a Scotland-based developer and licensor of silver-bearing woundcare technology in contractual dispute brought by a world-wide distributor of medical products. The case involved declaratory judgment and various business tort claims relating to ownership of the client’s patented technology. After extensive discovery in the U.S. and Europe, summary judgment was ultimately obtained in favor of client on all counts prior to trial.
Successfully defended Samsung Corporation in a patent infringement action initiated by a patent holding company against several leading cell phone manufacturers. Responsible for oversight and development of claim construction, non-infringement, and invalidity strategies. Shortly after successfully moving the court to bifurcate issues of liability and damages, a settlement was obtained.
Successfully represented major manufacturer of ballistic-resistant body armor as plaintiff in trademark infringement and consumer fraud action against a key competitor. Handled day-to-day responsibilities for all aspects of case, including detailed fact and expert discovery over a three-year period. Obtained sanctions and an award of costs after exposing numerous discovery violations by the defendant. After obtaining summary judgment on the issue of infringement in favor of the client, the case settled on the eve of trial.
Represents leading innovator and manufacturer of battery test equipment in enforcing its vast patent portfolio, which has resulted in favorable technology licensing arrangements. Patent infringement litigation involves complex digital and analog technologies.

Professional Associations:

American Intellectual Property Law Association

Intellectual Property Law Association of Chicago

Bar Admissions:

Supreme Court of Illinois, 1992

United States Patent and Trademark Office, 1992

U.S. District Court for the Northern District of Illinois, 1992

U.S. Court of Appeals for the Federal Circuit, 1993

U.S. Court of Appeals for the Seventh Circuit, 1998

Registered to Practice before the U.S. Patent and Trademark Office

Personal Information:

Gary was a recipient of the Western Golf Association’s Evans Scholarship to Marquette University and continues to participate in events sponsored by the Evans Scholars Foundation.

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