Susan M.Gerber (Sue)

Counsel

Cleveland + 1.216.586.7153

Sue Gerber practices in the area of intellectual property law, with a broad base of experience ranging from patent infringement litigation and appeals to trademark infringement to false advertising cases. She has experience in many facets of litigation, from pre-complaint investigation through trial having been involved in a number of trials related to intellectual property rights, as well as on appeal, including appeals before the Federal Circuit, other Circuit Courts of Appeals, and the United States Supreme Court.

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 the discovery of evidence for use in foreign proceedings under Section 1782 and on intellectual property issues before the Patent Trial and Appeal Board, 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. She co-chairs the Firm's Women in IP Initiative.

Experience

  • R.J. Reynolds and Philip Morris engage in patent battle related to tobacco heating products and vaping productsJones Day is representing R.J. Reynolds Tobacco Company ("Reynolds") and R.J. Reynolds Vapor Company ("RJRV") in several U.S. actions as part of its global patent dispute related to tobacco heating and vaping products. Reynolds filed patent infringement complaints against Philip Morris and Altria entities in the U.S. International Trade Commission and in the U.S. District Court in the Eastern District of Virginia, alleging that Philip Morris' IQOS tobacco heating product infringes a number of Reynolds' patents.
  • 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.
  • Speaking Engagements

    • April 10, 2020
      Women in IP Speaker Series: Connecting in a Distancing World
    • March 9, 2020
      The University of Akron IP Symposium: Interview of keynote speaker Hon. Alice M. Batchelder
    • September 30, 2019
      The University of Akron Student Intellectual Property & Technology Law Association “Lunch & Learn”: Patent Eligibility at the Federal Circuit 2014-2019
    • April 12, 2019
      Case Western Reserve University Student Intellectual Property Law Association CLE: Patent Eligibility at the Federal Circuit 2014-2019
    • November 20, 2018
      Case Western Reserve University Guest Lecturer: Patent Rights, Strategies and Considerations for Enforcement in a Global Economy
    • March 19, 2018
      The University of Akron IP Symposium: Patent Rights, Strategies and Considerations for Enforcement in a Global Economy
    • October 19, 2017
      Women in IP Speaker Series: A View From The Top—Perspective of Women Leaders
    • December 16, 2009
      Cleveland Metropolitan Bar Association, IP Section CLE: Out of the Starting Block ... Creating A Solid E-Discovery Foundation For Your Litigation
    • September 10-11, 2007
      Legal IQ's Drafting, Prosecuting & Litigating US Patents Conference: Identifying the Most Appropriate Venue for Resolving Your Patent Disputes; Critical Update on the Evolving US Patent Landscape: The Impact of Recent Case Law on Your Litigation and Licensing Strategy; Conference Chair
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