People

Robert J. Gunther, Jr.

Partner

Robert J. Gunther, Jr.

Robert Gunther is a partner in the firm's Litigation/Controversy Department, and a member of the Intellectual Property Litigation Practice Group.

Mr. Gunther, a Fellow of the American College of Trial Lawyers, has 30 years of experience as a trial lawyer representing life sciences pharmaceutical and technology clients in intellectual property litigation at both the trial and appellate levels. He has consistently been selected by Chambers USA, Managing IP magazine, LMG Life Sciences and IAM as a leading lawyer in the area of patent litigation.

Practice

Mr. Gunther has successfully litigated patent, trade secret and other intellectual property cases before numerous federal district courts and arbitration tribunals. He has also argued appeals before the US Court of Appeals for the Federal Circuit, litigated patent disputes before the US International Trade Commission and litigated inter partes review proceedings before the Patent Trial and Appeal Board of the US Patent and Trademark Office. He has handled cases involving an array of technologies, including biotechnology, pharmaceuticals, medical devices, petrochemical processes, computer hardware and software, telecommunications and networking, video game and graphic display hardware and software, optical discs and consumer products, among others. His intellectual property clients have included Abbott Laboratories, Affymetrix, Cephalon, Chugai Pharmaceutical, Eastman Kodak Company, Genentech, Mentor Graphics,Nintendo, Playtex Products, QinetiQ, Roche Molecular Systems, Sumitomo Electric and WebMD.

Prior to joining WilmerHale, Mr. Gunther was vice chair of the Global Litigation Department of Latham & Watkins, LLP, where he also previously served as co-chair of the Global Intellectual Property, Media and Technology Group.

Experience

Representative Appellate Experience

  • Eastman Kodak Company v. Asia Optical Co., Inc., 12-3206-cv (2d Cir. 2013) (argued): affirming judgment of over $33 million in favor of Kodak for breach of patent license agreement. 
  • C-COR, Inc. (formerly nCUBE) v. SeaChange, Int'l, 436 F.3d 1317 (Fed. Cir. 2006) (argued): affirming district court judgment that SeaChange willfully infringed C-COR's patent on a flexible video on demand server architecture. Also handled the trial of this case.
  • SeaChange, Int'l v. C-COR, Inc. (formerly nCUBE), 413 F.3d 1361 (Fed. Cir. 2005) (argued): reversing district court judgment of infringement of SeaChange's patent by C-COR and finding no infringement as a matter of law.
  • Playtex Products, Inc. v. Proctor & Gamble Co., 400 F.3d 901 (Fed. Cir. 2005) (argued): reversing and vacating summary judgment of non-infringement of Playtex's patent on a popular consumer product.
  • Wang Labs, Inc. v. America Online, Inc., 197 F.3d 1377 (Fed. Cir. 1999) (argued): affirming summary judgment of non-infringement by AOL of patent that, according to Wang, represented the invention of the Internet browser.

Representative Trial Experience

  • Eastman Kodak Corporation v. Ricoh (S.D.N.Y.): Counel for Kodak in this case involving breach of patent license agreement. Following trial, the jury returned a verdict in favor of Kodak, leading to a judgment of over $75 million. 
  • Abbott Laboratories v. Centocor (D. Mass.): Counsel for Abbott in this case asserting infringement of two Abbott patents relating to antibody technology.
  • Apotex v. Cephalon (E.D. Pa.): Counsel for Cephalon in this ANDA litigation asserting patent infringement claims against Apotex’s proposed generic version of Provigil.®
  • Contour Design, Inc. v. Chance Mold, Ltd. (D.N.H.): Following successful jury trial, obtained permanent injunction preventing defendant from making and selling ergonomic mouse products incorporating Contour’s proprietary design information, and award of damages and attorney's fees in favor of Contour.
  • Polymer Technology Systems v. Roche (S.D. Ind.): Counsel for Roche in this declaratory judgment case alleging non-infringement and invalidity of a Roche patent relating to diabetes blood testing meters. Obtained complete dismissal of case in favor of German DIS arbitration initiated by Roche against PTS.
  • Counsel for Respondent in multi-patent case in U.S.I.T.C. involving digital camera technology. Case settled favorably following hearing in October, 2009.
  • In re Hardware Emulation Systems (U.S.I.T.C.): Counsel for Mentor Graphics. Obtained advisory opinion that Mentor's remote access to hardware emulation devices located outside the US did not violate a prior ITC exclusion order.
  • Roche Diagnostics v. Enzo Biochem; Affymetrix v. Enzo Biochem (S.D.N.Y): Counsel for Roche and Affymetrix in declaratory judgment actions seeking determinations that Enzo patents relating to nucleic acid labeling reagents are not infringed and invalid. Summary judgment motions are pending following a favorable claim construction ruling.

Representative Arbitration Experience

  • Qiagen v. Roche (ICDR Arbitration): Counsel for Roche in this international arbitration involving claims of breach of patent cross-license relating to HPV. Following trial, Tribunal ruled in favor of Roche on all issues and awarded attorney’s fees. Award confirmed in S.D.N.Y.
  • Counsel for Petitioner in ad hoc Swiss arbitrations relating to misappropriation of trade secrets relating to chemical intermediates.

Representative Inter Partes Review Experience

  • Ariosa Diagnostics, Inc., v. Illumina, Inc., IPR2104-01093: Counsel to Petitioner, Ariosa in this IPR challenging the validity of a patent relating to multiplexed nucleic acid reactions.
  • Roche Molecular Systems, Inc. V. Illumina, Inc., IPR2015-01091: Counsel to Petitioner, Roche Molecular Systems in this IPR challenging patent validity.

Honors & Awards

American College of Trial Lawyers
  • Elected a Fellow of the American College of Trial Lawyers in 2014
  • Named a leader in the intellectual property: patent field in the 2015-2017 editions of Chambers Global: World's Leading Lawyers for Business
  • Recognized as a leader in intellectual property law in the 2010-2017 editions of Chambers USA: America's Leading Lawyers for Business, with a source cited as saying he "has the ability to connect with clients, opponents, judges and jury members and therefore is very effective" 
  • Selected as a 2013-2017 IP Star by Managing IP, a guidebook that identifies leading IP lawyers in the United States
  • Named a 2013-2017 leading practitioner in patent law by IAM Patent 1000 – The World's Leading Patent Practitioners and also listed as a leading patent litigator in the 2011 edition of IAM Patent Litigation 250
  • Named a Life Sciences Star for outstanding intellectual property litigation work in the 2012-2017 editions of LMG Life Sciences and named to its 2017 awards shortlist for General Patent Litigator of the Year: New York
  • Named to IAM Life Sciences 250 – The World's Leading Life Sciences Patent Litigators 2010
  • Named to the The Legal 500 United States for his exceptional intellectual property and healthcare: life sciences practices
  • Chosen as a "New York Super Lawyer" for intellectual property litigation in 2006-2012 and 2014-2017
  • Received the 2015 Alumni Award from St. John's University Law Review

Publications & News

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November 7, 2017

LMG Life Sciences 2017 Honors WilmerHale With Top Rankings

LMG Life Sciences has recognized WilmerHale among the nation's leading life sciences law firms in its 2017 rankings, citing the firm's Life Sciences Practice as “renowned for its range and multidisciplinary teams that counsel clients in technology, pharmaceutical and medical device companies as well as investment banks and venture capitalists.”

September 19, 2017

LMG Life Sciences Names WilmerHale Life Cycle Firm of the Year and Lisa Pirozzolo General Patent Litigator of the Year

Lawyers from across the United States and Canada gathered on September 13 at the Essex House in New York to celebrate the annual LMG Life Sciences Awards, recognizing the 2017 top firms and legal professionals in the life science industry.

July 24, 2017

WilmerHale Recognized in IAM Patent 1000 2017

The firm and several of its partners are ranked in IAM Patent 1000 2017 – The World's Leading Patent Professionals.

July 20, 2017

LMG Life Sciences Recognizes WilmerHale in 13 Categories on 2017 Award Shortlist

In its annual recognition of the top law firms, lawyers and in-house counsel in the life sciences industry, LMG Life Sciences named WilmerHale to its 2017 award shortlist in 13 categories.

June 9, 2017

The Legal 500 United States 2017 Recognizes 125 WilmerHale Lawyers Across 28 Practice Areas

The Legal 500 United States has released its 2017 rankings, recommending 125 WilmerHale lawyers—including 12 who are named to its elite “Leading Lawyers” list and two on its “Next Generation Lawyers” list—and 28 practice areas in its 11th edition.

June 8, 2017

WilmerHale Partners and Practices Named Among Managing Intellectual Property's 2017 IP Stars

IP Stars identifies lawyers based on their practice and industry experience, and recommendations from their peers and clients.

May 26, 2017

WilmerHale Lawyers and Practices Recognized in 2017 Edition of Chambers USA

Chambers and Partners announced its rankings for the 2017 edition of Chambers USA: America's Leading Lawyers for Business, with WilmerHale listed among the nation's best in 50 practice area categories. Chambers also ranked 86 WilmerHale lawyers as leaders in their respective fields.

March 21, 2017

WilmerHale Recognized for Outstanding International Lawyers and Practices in Chambers Global 2017

Chambers Global has named 27 WilmerHale lawyers among "The World's Leading Lawyers for Business" in its 2017 edition.

November 9, 2016

LMG Life Sciences Ranks WilmerHale and Attorneys Among the Best

The 2016 guide highlights nine firm practices and 18 attorneys, recognizing work under three categories—Intellectual Property, Finance and Transactional, and Non-IP Litigation and Enforcement.

June 22, 2016

The Legal 500 United States 2016 Recognizes 111 WilmerHale Lawyers Across 30 Practice Areas

The guide's rankings are based on a series of criteria, including client feedback, interviews with private practice lawyers, and its own research.

Professional Activities / Community Service

  • Member, American Intellectual Property Law Association
  • Member, Board of Directors, Brooklyn Defender Services
  • Member, Board of Directors, St. John's University School of Law Alumni Association

Practices

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Education

JD, cum laude, St. John's University School of Law, 1984, Associate Editor, St. John's Law Review

BA, summa cum laude, St. John's University, 1981

Bar Admissions

New York

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