Gerry J. Elman, M.S., J.D.

AV Preeminent Peer Review Rated

Patent Attorney & Attorney at Law

Gerry represents clients for a variety of intellectual property and business matters. These frequently include the preparation and prosecution of patents, the evaluation of adversely held patents, the registration of trademarks and proprietary names, the licensing of intellectual property rights, the resolution of disputes through mediation, arbitration, and if necessary, litigation, the conduct of intellectual property audits, and related technology law and trade regulation issues. Gerry is also available to serve as a neutral in mediation and arbitration proceedings involving intellectual property or technology law issues.

Gerry holds a B.S. from the University of Chicago, and an M.S. in Chemistry from Stanford University, in addition to his J.D. from the Columbia University School of Law. He has also completed business management, foreign language and additional law courses at Temple University, where he subsequently developed and taught a course for lawyers in computer law.  He is listed in Super Lawyers Pennsylvania 2012-2014 for Intellectual Property law.

With 47 years of varied experience as a practicing attorney, he is also a widely published author on technology and the law. He was a pioneer in developing a legal practice relating to biotechnology, as well as one of the first attorneys to work with computers and online information technology. He has been designated AV® Preeminent™ Peer Review Rated, in the Martindale-Hubbell Law Directory accessible online at martindale.com, and he has a rating of 10.0/10 Superb on the Avvo.com website.

After law school and working in a New York City patent law firm, for four years Gerry practiced as an in-house patent attorney for Rohm and Haas Company, a multinational chemical company, now a division of Dow. Then, as a Deputy Attorney General of Pennsylvania, he conducted litigation on behalf of the Commonwealth, primarily involving antitrust or utility regulation. Later, as a trial attorney with the U.S. Department of Justice, Antitrust Division, he participated in civil and criminal investigations and complex litigation, including a trial of five pharmaceutical companies accused of fraud on the U.S. Patent Office.

He returned to private practice in 1982. At the beginning of that year, Gerry founded the legal journal Biotechnology Law Report along with publisher Mary Ann Liebert. Since then he has continuously served as its editor-in-chief.

Since the early days of 1982, Gerry has been an avid advocate of computer-mediated communication, which has now become commonplace on the Internet. Via computer, he has taught intellectual property management on the University of Phoenix online campus. He has been an active member of the Global CyberLaw Network and the International Technology Law Association. From 1994 to 1999 he served as the sysop for intellectual property/legal matters in the Ideas, Inventions & Innovations Forum, on CompuServe.  Gerry also serves on the advisory board of The Licensing Journal.

As an active member of the Licensing Executives Society, the American Intellectual Property Law Association, and the DelCo IP Forum, Gerry helps clients to gain the maximum value through licensing and enforcing their intellectual property rights. He has arbitrated multi-million-dollar disputes for the American Arbitration Association, has served as an expert witness in patent law, and has represented both plaintiffs and defendants in litigation over intellectual property rights. In one such case, he successfully defended the Seven-Up Company against an accusation of copyright infringement that involved a poster featuring a depiction of Santa Claus, 1990 U.S. Dist. Lexis 5203 (E.D. Pa.), appeal dismissed 919 F.2d 730 (3d Cir.).

Gerry is a charter member of the Benjamin Franklin American Inn of Court, composed of intellectual property practitioners in Greater Philadelphia. As one of the members at the “master” level of experience, he acts as a resource to help train others. He served for two years as its webmaster and on its Board of Governors. For 7 years, Gerry chaired the Patent Legislation Committee of the Philadelphia Intellectual Property Law Association (“PIPLA”) during a time of sweeping changes in regulations and the prospect of “patent reform” on the lips of Congress, and recently served for 2 years as a member of PIPLA’s Board of Governors.

Gerry is also profiled in various biographical references, including each edition of WHO’S WHO IN AMERICA since 1988.

On March 29, 2012, Gerry was quoted on the effects of the Supreme Court decision in Mayo v. Prometheus in John Sterling’s GEN Biotech Blog.  And on May 30, 2013,  the GEN Blog quoted him on the implications of the Supreme Court’s decision on use of the progeny of patented seeds that had been genetically modified. On June 3, 2014, Gerry was quoted in the Delaware County Daily Times on the law relating to patents for genes.

Gerry is senior author of the chapter on Intellectual Property Protection Strategies in Craig Shimasaki’s book on Biotechnology Entrepreneurship (Academic Press, May 2014).

 

Click here for even more information about Gerry Elman.

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