Fox_Gary

Gary M. Fox

Fox_Gary

Gary M. Fox

Counsel

New York + 1 212 295 6265

As a member of the firm’s Appellate and Supreme Court Litigation group, Gary M. Fox represents clients in complex litigation matters across the country. He has notable experience in patent appeals to the Federal Circuit raising novel procedural issues, particularly those arising in post-grant proceedings before the US Patent and Trademark Office. His cases have spanned various types of technologies, including balloon catheters, content delivery networks, pharmaceutical dosing regimens and power amplifiers for mobile devices.

Beyond patent appeals, Mr. Fox has worked on matters related to administrative law, civil rights, commercial litigation and voter protection. He has served as counsel of record for amici curiae in the Supreme Court of the United States, and he regularly moots advocates preparing for arguments before all levels of the judiciary.

Mr. Fox clerked for the Honorable Richard G. Taranto of the US Court of Appeals for the Federal Circuit and the Honorable Leonard P. Stark of the US District Court for the District of Delaware (immediately preceding his elevation to the Federal Circuit). Mr. Fox was based in the firm’s Washington, DC office for several years before relocating to New York City.

While pursuing his legal education, Mr. Fox was a student attorney for the Criminal Appellate Practice Clinic at the University of Michigan Law School and a legal intern at a medical device company in California.

When not practicing law, Mr. Fox can often be spotted in the audience at various theatrical productions. One of his proudest accomplishments is that he has seen at least one show at each of the 41 Broadway theaters. 

Publications

Experience

  • Patent Appeals

    • Akamai Technologies, Inc. v. MediaPointe, Inc. (Fed. Cir. 2025): After his colleagues successfully defended against the assertion of two patents in district court, Mr. Fox helped to defend Akamai’s victory on appeal.  In a precedential opinion, the Federal Circuit affirmed the district court’s rulings on indefiniteness and noninfringement.
    • Qualcomm Inc. v. Intel Corp. (Fed. Cir. 2024): Mr. Fox was one of the principal drafters of two briefs for Intel in consolidated appeals from six inter partes reviews. He and his colleagues persuaded the Federal Circuit to affirm the unpatentability of all challenged patent claims as obvious over the prior art.
    • Speck v. Bates (Fed. Cir. 2024): In an appeal from a rare interference proceeding, Mr. Fox helped to secure the reversal of a Board decision canceling his client’s patent claims. The appeal generated a precedential opinion regarding the proper interpretation of a statutory time bar.

  • Administrative Law

    • California Table Grape Commission v. USDA (D.D.C. 2025): Mr. Fox was part of a team that successfully challenged the federal government’s decision to relax import requirements for Chilean table grapes. The district court held that the agency’s action was arbitrary and capricious on three independent grounds.

  • Voter Protection

    • Republican National Committee v. North Carolina State Board of Elections (4th Cir. 2024): Mr. Fox represented the Democratic National Committee in an expedited appeal leading up to the 2024 general election. After a federal district court declined to exercise jurisdiction over a state constitutional claim, Mr. Fox helped to obtain reversal of the order remanding that claim to state court on two independent bases.
    • Democratic National Committee v. North Carolina State Board of Elections (M.D.N.C. 2024): Also on behalf of the DNC, Mr. Fox and his colleagues convinced a federal district court to preliminarily enjoin a key portion of a North Carolina law that would have resulted in completed ballots being discarded without any notice to affected voters.

  • Selected Supreme Court Filings

    • Bowe v. United States (2025): Mr. Fox was counsel of record for a merits-stage amicus brief on behalf of the National Association of Criminal Defense Lawyers. In this habeas case, his brief analyzed how a faulty legal rule proliferated among the federal appellate courts.
    • Forsythe v. McDonough (2024): Mr. Fox was counsel of record for a petition-stage amicus brief on behalf of the nonprofit Swords to Plowshares. His brief urged the Court to hear this case about the insufficiency of notice provided to veterans after filing claims for disability benefits.

Insights & News

View all of Gary's insights & news

Credentials

  • Education

    • JD, University of Michigan Law School, 2018

      magna cum laude

      Order of the Coif, Jack C. Radcliffe, Jr. Award

      Articles Editor, Michigan Law Review

    • AB, Chemistry, Princeton University, 2013

      cum laude Francis LeMoyne Page Theater Award

  • Admissions

    • New York

    • District of Columbia

    • US Supreme Court

    • US Court of Appeals for the Federal Circuit

    • US Court of Appeals for the Fourth Circuit

    • US Court of Appeals for the Sixth Circuit

    • US Court of Appeals for the Eleventh Circuit

    • US District Court for the District of Columbia

    • US District Court for the Western District of Michigan

    • US Patent and Trademark Office

  • Clerkships

    • The Hon. Leonard P. Stark, US District Court for the District of Delaware, 2021 - 2022

    • The Hon. Richard G. Taranto, US Court of Appeals for the Federal Circuit, 2018 - 2019

Credentials

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