Partner

Gary M. Hnath

Intellectual Property, Trademark Litigation, ITC Section 337 Actions

"Gary is a very strategic thinker with fantastic courtroom presence."
Chambers USA

Overview

Gary Hnath is a Partner in Mayer Brown’s Washington DC office, where he focuses his practice on intellectual property litigation and counseling, including disputes involving patent, trademark and copyright infringement and trade secrets. He has participated in numerous District Court cases, several Federal Circuit appeals, and over 40 investigations at the International Trade Commission under Section 337 of the Tariff Act of 1930, one of the principal forums for litigating intellectual property disputes involving imported articles.

Experience

International Trade Commission

  • Collapsible and Portable Furniture - Gary is currently leading a team representing complainant GCI Outdoor in a case asserting two patents relating to portable backpack chairs. One set of respondents entered into a consent order, and the case is scheduled to go to trial against three other respondent groups later this year.
  • Human Milk Oligosaccharides and Methods of Producing the Same - Gary is lead counsel for Jennewein Biotechnologie GmbH in a case involving genetically engineered E. coli used to make 2’-FL, a human milk oligosaccharide sold by Jennewein to Abbott for use in its leading infant formula, Similac. After vigorous opposition from the complainant, in May 2020, the full Commission reversed the ALJ and found that Jennewein’s alternative process was properly in the case and that the process did not infringe, and specifically carved that process out from its exclusion order, enabling Jennewein to continue to supply its customers in the US market.

Education

  • Harvard Law School, JD, cum laude
  • Michigan State University, BA, philosophy and psychology

Admissions

  • District of Columbia
  • Virginia
  • Maryland

Courts

  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the Federal Circuit
  • US District Court for the Central District of Illinois
  • US District Court for the District of Columbia
  • US District Court for the Eastern District of Virginia
  • US District Court for the District of Maryland
  • US Court of Federal Claims
  • US Supreme Court
  • Supreme Court of Virginia
  • Court of Appeals of Maryland

Professional & Community Involvement

  • Former member, Prince George's Philharmonic Orchestra's Board of Directors
  • Former member, ACLU of Maryland's Board of Directors
  • Member and officer (including past president), ITC Trial Lawyers' Association
  • Former chairman, ITC Committee of the American Intellectual Property Association
  • Former member, Tally-Ho Swim Club's Board of Directors
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