Susan M.Gerber (Sue)

Counsel

(T) + 1.216.586.7153

Sue Gerber practices in the area of intellectual property law, focusing primarily on patent infringement litigation and appeals. She has experience in many facets of patent infringement litigation, from pre-complaint investigation through trial and on appeal, including appeals before the Federal Circuit, other Circuit Courts of Appeals, and the United States Supreme Court. She has experience litigating antitrust/unfair competition claims brought in the context of patent infringement litigation and counseling clients on intellectual property enforcement and defense strategies.

Sue also has significant experience in cross-border enforcement of intellectual property rights. She routinely handles discovery actions brought under 28 U.S.C. § 1782, in which interested persons can request production of evidence located in the United States for use in foreign litigation, and coordinates with foreign counsel to support litigation strategies in other countries.

In addition, Sue has coauthored a number of publications on topics relating to discovery issues in patent cases, including the discovery of evidence for use in foreign proceedings under Section 1782, and on topics relating to patent issues before the Court of Appeals for the Federal Circuit and the United States Supreme Court.

Sue has served as an adjunct professor at The University of Akron School of Law instructing first-year students in writing appellate briefs, preparing and presenting oral appellate arguments, and writing research memoranda.

Experience

  • Xiaomi obtains complete dismissal in patent infringement action based on jurisdictional groundsJones Day successfully represented Xiaomi Inc. in a patent infringement case where the plaintiff asserted that Xiaomi infringed four patents relating to devices for controlling smartphone functions.
  • Procter & Gamble resolves patent dispute over private label tooth whitening stripsJones Day successfully represented The Procter & Gamble Company in district court and inter partes review proceedings in a dispute involving their pioneering technology and patents covering at-home tooth whitening strips.
  • Cleveland HeartLab acquired by Quest DiagnosticsJones Day advised Cleveland HeartLab, a leader in innovative diagnostic services for managing cardiovascular disease, in its acquisition by Quest Diagnostics.
  • Purdue Parma obtains discovery for Canadian patent proceedingsJones Day successfully represented Purdue Pharma L.P. in a Section 1782 discovery action to obtain discovery for use in Canadian proceedings brought to enforce Purdue's patents covering OxyContin®, a widely prescribed treatment for pain relief.
  • Procter & Gamble successfully protects Crest Whitestrips® line of productsJones Day represented The Procter & Gamble Company in securing a consent judgment and permanent injunction against a private label manufacturer infringing P&G's patents and the trade dress packaging and trademarks for its successful Crest Whitestrips® line of products.
  • Akebia wins precedent-setting battle in Ninth Circuit over § 1782 discovery for use in foreign patent invalidity proceedingsOn behalf of Akebia Therapeutics, Inc. Jones Day obtained a precedent-setting decision from the Ninth Circuit to obtain key information for use in foreign patent opposition proceedings seeking to invalidate patents held by FibroGen, Inc.
  • Procter & Gamble settles patent infringement and antitrust claims related to teeth whitening stripsJones Day represented Procter & Gamble in patent infringement litigation against CAO Group for infringement of certain patents relating to teeth whitening strips.
  • Procter & Gamble wins summary judgment of infringement and no invalidity in Tooth Whitening Strip patent disputeJones Day represented The Procter & Gamble Company in patent infringement litigation asserting three of P&G's patents relating to tooth whitening products and methods.
  • Luxury brands Cartier, Chloé, Montblanc, et al. win summary judgment against second largest B2B websiteJones Day secured a significant ruling for firm clients Cartier, Chloé, Alfred Dunhill, MontBlanc, Panerai, and A. Lange & Söhne against TradeKey Pvt Ltd. and SISCOM (collectively "TradeKey") the operator and owner of the self proclaimed second largest B2B website.
  • Deckers stops sale of counterfeit UGG® boots in New YorkOn behalf of Deckers Outdoor Corporation, Jones Day successfully obtained temporary, preliminary and permanent injunctive relief against New York retailer Dr. Jay's involving the sale of counterfeit UGG® boots.
  • Chloé SAS, Alfred Dunhill Limited, Officine Panerai AG, Montblanc-Simplo GmbH, Cartier International, and Lange Uhren GmbH obtain favorable pre-trial rulings in trademark infringement rowOn behalf of six luxury brand plaintiffs, Chloé SAS, Alfred Dunhill Limited, Officine Panerai AG, Montblanc-Simplo GmbH, Cartier International, and Lange Uhren GmbH, Jones Day obtained multiple favorable pre-trial rulings for plaintiffs in an action alleging contributory trademark infringement and counterfeiting by the second largest B2B website.
  • Procter & Gamble voluntarily dismissed from false patent marking suit involving dental flossJones Day represented The Procter & Gamble Company in a false patent marking action challenging certain dental floss products.
  • Heraeus Kulzer GmbH wins battle in Third Circuit over critical informationJones Day successfully represented Heraeus Kulzer GmbH in an appeal to overturn the denial of Heraeus' petition for discovery in aid of foreign litigation.
  • Procter & Gamble settles patent infringement dispute with SC Johnson over fabric refresher productJones Day represented The Procter & Gamble Company in a case enforcing P&G's patents related to its Febreze fabric refresher against SC Johnson & Son Inc. for its Glade fabric refresher product.
  • J.M. Smucker and Folgers defend against claims of patent infringement by Balsam over coffee processingJones Day represented defendants The J.M. Smucker Company and its subsidiary The Folgers Coffee Company in a patent infringement case filed by Balsam Coffee Solutions regarding a method for processing roast and ground coffee.
  • IBM obtains permanent injunctive relief and award of fees in trademark infringement suit against Shentech.com over counterfeit laptop batteriesJones Day represented International Business Machines Corporation in a trademark infringement and counterfeiting suit against Shentech.com, Inc. in the United States District Court for the Northern District of Ohio regarding Shentech's sale of IBM-branded batteries that were counterfeit.
  • MathWorks pursues patent infringement case involving computerized system for accessing objectsJones Day represented The MathWorks, Inc. in a patent infringement case against COMSOL, Inc. and COMSOL AB.
  • Nestlé settles patent infringement case relating to cat litter productJones Day represented Nestlé Purina successfully in a patent infringement case relating to a cat litter product, sold by a company acquired by Ralston Purina, prior to its acquisition in turn by Nestle.
  • Nokia successfully defends against claims of patent infringement relating to 3G wireless technologyJones Day successfully represented Nokia in a patent infringement suit brought by Golden Bridge Technology relating to the random access channel communication protocol used in 3G cell phones.
  • Micron Technology resolves patent infringement suit over semiconductor packaging for DRAMsJones Day represented plaintiff Micron Technology in a patent infringement / antitrust litigation involving semiconductor packaging for DRAMs.
  • Additional Publications

    • February 2019
      Patent Eligibility Remains Uncertain — Especially for the Life Sciences — Even After Recent Federal Circuit Decisions and Efforts By the USPTO to Bring Clarity (Part Two of a Two-Part Article)
    • January 2019
      Patent Eligibility Remains Uncertain — Especially for the Life Sciences — Even After Recent Federal Circuit Decisions and Efforts By the USPTO to Bring Clarity (Part One of a Two-Part Article)

    Speaking Engagements

    • October 19, 2017
      Women in IP Speaker Series: A View From The Top—Perspective of Women Leaders
    • December 16, 2009
      Out of the Starting Block ... Creating A Solid E-Discovery Foundation For Your Litigation, Cleveland Metropolitan Bar Association, IP Section CLE
    • September 10-11, 2007
      Identifying the Most Appropriate Venue for Resolving Your Patent Disputes and Critical Update on the Evolving US Patent Landscape: The Impact of Recent Case Law on Your Litigation and Licensing Strategy, Legal IQ's Drafting, Prosecuting & Litigating US Patents, conference chair
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