Biography

As a partner in the Firm’s litigation department for three decades, Mr. Gelernter represented major corporations in patent infringement cases and other complex commercial disputes. He served as the Firm’s General Counsel and as co-Chair of its Pro Bono practice. He also taught professional ethics at Columbia Law School. 

After retiring from the partnership, his practice now focuses on pro bono matters, 

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 of $3.7 billion for the Firm’s client.

In addition to his work in trial courts in patent infringement cases, Mr. Gelernter has 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 Commercial Cases
Mr. Gelernter has represented clients in license disputes concerning medical devices and biotechnology products. 

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

He 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.

He represented the family of a 53-year African-American inmate who died in a New York State prison in a civil rights case. Officials initially attributed the prisoner’s death to a heart attack, but evidence showed that he had been choked to death by prison guards. The case ultimately settled with the State paying three times more than it 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 immigrants who were being detained by immigration authorities without constitutionally-mandated hearings.

After Hurricane Katrina, he represented children in New Orleans with learning disabilities who were being denied educational opportunities.

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, Fourth, Ninth, Eleventh and Federal Circuits
  • U.S. District Courts for the Southern, Eastern and Northern Districts of New York
Languages
  • Italian