Elizabeth Gardner

For more than 20 years, Elizabeth Gardner has helped guide clients through all phases of litigation involving patented and trade secret protected technology. She advises clients on which cases are worth pursuing and which are worth settling, and excels in finding creative business solutions along the way.

Ms. Gardner represents clients in a broad range of technology areas, including in the chemical, materials, pharmaceutical, electrical, medical products, and medical diagnostics industries. She has represented clients in numerous Patent Trial and Appeal Board (PTAB) proceedings, as well as in patent jury trials, bench trials, in federal district courts and at the International Trade Commission, and in appeals to the Court of Appeals for the Federal Circuit. 

In addition to her trial work, Ms. Gardner has counseled clients on negotiating and drafting licensing agreements and has advised on issues related to patentability, validity, and infringement.

Education

• University of Michigan Law School, J.D. (1991)
• Columbia University, M.S. in Materials Science (1988)
• Columbia University, B.S. in Materials Science (1986)

Representative Matters

Serving as lead defense counsel, reached a confidential and amicable settlement on behalf of a multinational materials technology company in a multi-jurisdictional trade secret and breach of contract litigation brought by a competitor. Dispute related to an M&A transaction under which Defendant had purchased certain business assets from Plaintiff. At stake were the Defendant’s rights to develop and introduce emissions control catalyst products into a growing, global market. Served as lead counsel in the U.S. litigation as well as in the arbitration that was pending in Sweden at the time of resolution.

Represented Medinol in the assertion of patents relating to coronary stents against Cordis and Johnson & Johnson in the Southern District of New York. (Prior to joining Robins Kaplan LLP)

Represented Umicore in multiple Inter Parties Review proceedings instituted by the United States Patent and Trademark Office challenging the validity of patents owned by competitor BASF Corporation, claiming catalysts and diesel exhaust gas treatment systems. (Prior to joining Robins Kaplan LLP)

Represented Covidien in defense of its single incision laparoscopic access device against patent infringement claims brought by Applied Medical in the Central District of California. (Prior to joining Robins Kaplan LLP)

Represented Organon and Biotechnology General in the assertion of patent claims protecting Organon's branded MIRCETTE® product against Barr and Duramed's generic oral contraceptive. (Prior to joining Robins Kaplan LLP)

Represented Barnes & Noble in defense of its NOOK® eReader against claims brought by Microsoft Corporation in the ITC for infringement of patents relating to computer software. (Prior to joining Robins Kaplan LLP)

Represented the Heirs of Richard Ritchie, the formulator of Pepsi Cola, against Pepsico, Inc. concerning the heirs' ownership of certain documents and intellectual property relating to Pepsi Cola. (Prior to joining Robins Kaplan LLP)

• Named a “Litigation Star,” Benchmark Litigation (2021-2024 editions)
• Named a “National Practice Area Star,” Benchmark Litigation (2023)
• Named a “Patent Star,” Managing Intellectual Property (2019-2024)
• Recognized as New York “IP Star” by Managing Intellectual Property
• Named one of the “Top 250 Women in IP” by Managing Intellectual Property
• Listed as a “Recommended Individual for Litigation in New York,” IAM 1000: The World’s Leading Patent Professionals (2020-2024)

Professional

• American Bar Association
• New York Intellectual Property Law Association

Speeches

• The New Art of Advocacy
  Panelist, Robins Kaplan LLP Medtronic MP3 CLE, Webinar (October 13, 2020)