Elizabeth Gardner handles a variety of patent-related matters including litigation, client counseling, the negotiation and drafting of technology transfer agreements, license agreements, joint development agreements, as well as the prosecution of patents before the United States Patent and Trademark Office. For over 20 years, she has focused her practice on all phases of litigation involving patented and trade secret protected technology.  She has represented 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 bench trials, jury trials, pre-trial proceedings in both Federal district courts, the International Trade Commission, and in appeals before the U.S. Court of Appeals for the Federal Circuit. She has also represented clients in patent office proceedings including inter partes reviews (IPR), reexaminations, and interferences.

In 2014, Ms. Gardner was recognized as a New York “IP Star” by Managing Intellectual Property.

Representative Experience

  • Representing Barnes & Noble in defending its NOOK eReader products from claims of patent infringement made by Microsoft in the ITC concerning various hardware and software patents.  
  • Representing 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.
  • Representing Boston Scientific Corporation in various matters, including an action brought against Cordis and Johnson & Johnson concerning drug-eluting stents, resulting in a jury verdict in the client’s favor.
  • Representing Sony Electronics in various matters, including an action brought by Soundview Technologies alleging infringement of its “V-chip” patent.  The Court granted summary judgment of non-infringement in the client’s favor.
  • Representing Institute Pasteur in a case brought by a purported omitted co-inventor seeking correction of inventorship on patents of Institute Pasteur relating to DNA combing.  After the Court granted certain motions for partial summary judgment in the client’s favor, the case was successfully settled.
  • Representing Savient Pharmaceuticals and Organon USA. in assertion of the clients’ oral contraceptive patent against defendant Duramed, resulting in a successful settlement.
  • Representing Infineum USA in the assertion of its patent on petroleum additives against Afton Chemical Company, resulting in a successful settlement.
  • Representing Blackstone Medical and Orthofix in defending the companies’ spinal fusion devices from claims of infringement brought by Medtronic, resulting in a successful settlement.
  • Representing GE Healthcare in various district court litigations and patent office proceedings related to ultrasound contrast agents.
  • Representing Princeton BioMeditech in various actions against Inverness Medical and Abbott involving patents in the field of immunoassay technology.
Representative Matters
  • Barnes & Noble and Inventec in In the matter of Certain Handheld Electronic Computing Devices (ITC)
  • Medtronic v. Blackstone Medical, Inc. (D. Mass)
  • Infineum v. Afton Chemical Corp. (D. Del.)
  • Savient and Organon v. Duramed and Barr (D. N.J.)
  • Inverness v. Princeton BioMeditech Corporation (D. N.J.)
  • Abbott Labs v. Inverness and Princeton BioMeditech (D. Mass)
  • Sony Electronics v. Soundview (D. Conn)
  • Smiths Industries v. Vital Signs (N.D. Ill.)
Bar and Court Admissions
  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. Court of Appeals for the Federal Circuit
  • Registered Patent Attorney: U.S. Patent and Trademark Office