Biography

Mr. Gelernter was a partner in the Firm’s litigation department for three decades. His practice has concentrated in patent infringement litigation and other complex litigation matters.

Mr. Gelernter served as the Firm’s General Counsel and as co-Chair of the Firm’s Pro Bono practice. He also taught professional ethics at Columbia Law School.

Representative Matters

Patent Infringement Cases
Mr. Gelernter has litigated high-stakes patent infringement cases involving medical devices, pharmaceuticals, recombinant DNA, electrical engineering, computer software and other technologies. These include a series of cases involving coronary stents that resulted in a recovery for the Firm’s client of $3.7 billion.

In addition to his work in trial courts, Mr. Gelernter has successfully briefed and/or argued numerous appeals to the U.S. Court of Appeals for the Federal Circuit.

He has been recognized in Super Lawyers in the area of Intellectual Property Litigation

Other Matters
Mr. Gelernter has represented lawyers and law firms in disciplinary proceedings, and has advised lawyers and law firms on issues of professional ethics.

He successfully represented a well-known entertainer in a series of lawsuits, including cases involving misappropriation of funds by the client’s business manager.

He successfully represented plaintiffs and defendants in false advertising cases, including a case where the adverse party was enjoined from promoting its products as effective for their intended purpose.

Pro Bono Matters
Mr. Gelernter has filed amicus briefs in the Supreme Court and federal appellate courts in major cases involving reproductive rights (Dobbs v. Jackson Women’s Heath; June Medical Services v. Russo; Whole Women’s Health v. Hellerstadt); the rights of persons seeking asylum (Jennings v. Rodriguez; Albence v. Guzman Chavez); hearings for detainees at Guantanamo (Hamdan v. Rumsfeld); the Prison Litigation Reform Act; criminal procedure; the use of DNA evidence; and First Amendment issues.

Along with another partner at the Firm, he led a team representing the family of a 53-year African-American inmate who died in a New York State prison. Although prison officials initially attributed the death to a heart attack, evidence showed that the inmate had been choked to death by prison guards. The case ultimately settled with the State agreeing to pay three times more than what the State had paid in any similar case and agreeing to install cameras throughout the prison.

In conjunction with the Legal Aid Society of the City of New York, he represented clients in federal courts in immigration matters, including petitions challenging orders of removal and habeas corpus proceedings for detained immigrants who were not accorded constitutionally-mandated hearings.

He represented an inmate on death row in Alabama in proceedings challenging the imposition of the death penalty.

Admissions
  • New York
  • U.S. Supreme Court
  • U.S. Courts of Appeals for the Second, Third, Ninth, Eleventh and Federal Circuits
  • U.S. District Courts for the Southern, Eastern and Northern Districts of New York
Languages
  • Italian