John T. Gallagher

Partner

jgallagher@hbiplaw.com

Expertise

Biotechnology, Chemical, Medical Devices, Pharmaceutical, Mechanical

Services

Litigation, Post-Grant Proceedings, Licensing, Opinions, Counseling

6900 Jericho Turnpike
Syosset, NY 11791-4407

Tel. (516) 822-3550
Fax (516) 822-3582

Overview

John Gallagher joined the New York office of Hoffmann & Baron as a partner in 2013. John’s practice focuses on the representation of corporations, small entities and individuals in patent infringement, antitrust, trade secret, and unfair competition disputes. With more than 25 years of experience, John routinely serves as lead trial counsel in litigations in federal district courts throughout the United States, before the U.S. International Trade Commission in Section 337 actions, as well as in arbitration and mediation proceedings. John has also been lead appellate counsel in matters before the U.S. Court of Appeals for the Federal Circuit. In addition, he frequently advises clients on the strategic use, acquisition and sale of intellectual property assets, licensing programs, and freedom to operate and due diligence issues, and is also involved in all aspects of patent solicitation, including post grant review proceedings.

Practice Expertise

John’s litigation and counseling experience encompasses a wide range of technologies, including medical devices (e.g., vascular grafts, stent-grafts, angioplasty balloon products and delivery systems, catheters, surgical staples), consumer products, prescription drugs, over-the-counter pharmaceutical products, dietary supplements and nutraceuticals, antibiotics, vaccines, fuel cells, polymer chemistry, catalysts, fungicides, printing products and processes, semiconductors, and software systems.

Bar & Court Admissions

State of New York
State of Connecticut
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York
United States District Court for the District of Colorado
United States Court of Appeals for the Federal Circuit
Supreme Court of the United States
Registered to practice before the United States Patent and Trademark Office

Education

St. John’s University School of Law, J.D., 1988;
Managing Editor, St. John’s Journal of Legal Commentary
Rensselaer Polytechnic Institute, B.S. Chemical Engineering, 1980

Memberships

Member, New York Bar Association
Member, American Intellectual Property Law Association

Publications and Lectures

The America Invents Act and Two Years of Changes to Patent Litigation, BNA’s Patent, Trademark & Copyright Journal, 87 PTCJ 518 (January 2014)
The Court of Appeals for the Federal Circuit Does Not Dive into the Turbulent Waters of the Supreme Court’s Stream of Commerce Debate, The Metropolitan Corporate Counsel (November 2012)
The Evolution of the Standard for Establishing Willful Infringement – After Five Years the Objective Recklessness Component of Seagate is Now a Question of Law, BNA’s Patent, Trademark & Copyright Journal, 84 PTCJ 683 (August 2012)
The Federal Circuit Continues to Make Inequitable Conduct More Difficult to Prove, The National Law Review (October 2012)
The Federal Circuit Will Decide if a Damages Trial or Decision on Willfulness Is Required Before Judgment of Patent Infringement Can Be Appealed, The National Law Review (August 2012)
The Latest, but Perhaps Not Last, Word on Pleading Requirements for Direct and Indirect Infringement, The National Law Review (July 2012)
Willful Infringement Will Now Be Harder to Prove, Intellectual Property Client Alert (June 2012)