Gregory Diskant is a senior litigation partner at Patterson Belknap, where he served as chair from 1997-2007. As part of his active trial practice, Mr. Diskant regularly tries cases in federal and state courts and before arbitration panels, focusing on complex commercial and intellectual property litigation. He has secured billions of dollars in judgments and settlements for his clients, with multiple verdicts greater than $100 million. In jury trials around the country, Mr. Diskant has successfully represented both plaintiffs and defendants. Two of his jury victories for plaintiffs were cited as major plaintiff's verdicts of the year; two of his jury wins for defendants were cited as major defendant's verdicts of the year.
In August 2014, Mr. Diskant won judgments of validity and infringement against two generic challengers to a blockbuster pharmaceutical. In April 2013, he obtained the complete reversal and dismissal of a $600 million judgment in a patent case involving coronary stents. In May 2012, he won a defendant’s jury verdict defeating a $500 million patent infringement claim involving the market’s leading contact lenses. In April 2011, he obtained a multi-billion settlement resolving distribution rights to a pharmaceutical. In February 2010, he obtained a settlement in a series of patent cases of $1.7 billion, the largest patent settlement at the time.
Prior to joining Patterson Belknap Mr. Diskant served as Assistant United States Attorney and as Chief Appellate Attorney for the Southern District of New York. He also served as a Law Clerk to the Hon. Thurgood Marshall, Supreme Court of the United States and the Hon. J. Skelly Wright, U.S. Court of Appeals for the District of Columbia Circuit.
Handled a variety of contract and licensing disputes, including successfully pursuing through both preliminary injunction and two prolonged trials a major pharmaceutical company's rights to a multi-million dollar pharmaceutical, winning damage awards of $164 million and $152 million; as defendant, defeated effort to terminate multi-billion dollar licensing contract. In April 2011, he obtained a settlement after trial valued at over $3 billion resolving distribution rights to a blockbuster arthritis drug. In June 2012, he obtained a defendant's award in arbitration rejecting in its entirety plaintiff’s contract claim for $130 million and an award of attorney’s fees.
Tried numerous complex patent cases, focusing on medical devices and pharmaceuticals. As plaintiff, won jury verdicts of $271 million and $324 million (both cited by The National Law Journal as among the major plaintiff's verdicts of the year) and arbitration award of $425 million. The series of stent cases resulted in recoveries totaling $3.7 billion. As defendant, won jury verdicts defeating claims on contact lenses, stents and endoscopic devices (the last cited by The National Law Journal as one of the major defense verdicts of the year). His April 2013 defendant’s victory on appeal set aside one of the largest jury verdicts of 2011.
False Advertising/Libel and Media Law
Successfully defended Dow Jones, publisher of The Wall Street Journal, in a three month jury trial labeled by the ABA Journal one of the "Major Defense Verdicts" of the year; handled multiple libel and slander cases for major media companies.
Multiple trademark and copyright cases, including successfully defending publisher’s right to publish parody of Cliffs’ Notes using Cliffs’ trademarks; defending the right of Harper's Magazine to print an unpublished letter by a well-known writer; defending a publisher against claimed unauthorized publication of Marilyn Monroe photographs.
False Advertising/Unfair Competition
Participated both as plaintiff and defendant in numerous false advertising cases, including successfully defending a Fortune 50 pharmaceutical company from a comprehensive attack on its advertising in a case the District Court called “the largest and most complex false advertising case ever tried."
Handled a variety of securities fraud and related matters, including obtaining a $298.5 million settlement in 2007 from a major accounting firm on behalf of a defrauded corporate client.
Participated in a variety of public and private investigations, including the investigation of a New York City official, at the request of the Mayor of the City of New York, and the investigation of the murder of four American churchwomen in El Salvador, at the request of the Secretary of State.
- U.S. Supreme Court
- U.S. Court of Appeals, Second Circuit; Third Circuit; Fifth Circuit; Eleventh Circuit; Federal Circuit
- U.S. District Court, Southern, Eastern and Western Districts of New York
- New York
Fellow, American College of Trial Lawyers; Recognized in Chambers USA in the area of Intellectual Property (Band 1); Listed as a "Litigation Star" for New York and a "National Star" for Intellectual Property in Euromoney Institutional Investor PLC’s Benchmark: Litigation; Managing Intellectual Property magazine’s “IP Stars” for New York; The Best Lawyers in America® in the area of Commercial Litigation, Bet-the-Company Litigation and Intellectual Property; Super Lawyers in the area of Intellectual Property Litigation
- Author: "Trial Balloon: Rethinking Corporate Criminal Liability" Litigation (Winter 2008); "Time to Rethink Corporate Criminal Liability" New York Law Journal (August 2, 2007)
- "Terrorists' defender?" The National Law Journal (March 5, 2007