Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

Gary J. Gershik Partner

Direct 212 336 8063
Main 212-336-8000
Fax 212-336-8001

405 Lexington Avenue
48th Floor
New York, NY 10174

Gary J. Gershik focuses on worldwide patent procurement and enforcement. He represents academic institutions, start-ups and Fortune 500 companies, with particular expertise in biotechnology, chemistry and pharmaceutical arts.

Gary coordinates intellectual property and regulatory strategy, including rendering patentability, validity, infringement and freedom to operate opinions. He has drafted and prosecuted hundreds of patents in the U.S. and abroad.

Gary is regularly involved with litigations in Federal Courts throughout the United States and has extensive experience with administrative proceedings before the U.S. Patent and Trademark Office, including Inter-Partes Review (IPR), Post-Grant Review (PGR) and appeals, as well as before patent offices outside of the United States.

Representative Matters

  • Australian Government’s (C.S.I.R.O.’s) patents on omega-3 production in terrestrial plants, which were successfully asserted and defended in Federal Court, including multiple related successful IPR and PGR proceedings.
  • Australian Government’s (C.S.I.R.O.’s) patents on high amylose wheat (high resistant starch wheat), including related successful litigation in Federal Court, and successful Interference proceeding.
  • Reexamination of Australian Government’s (C.S.I.R.O.’s)/Benetec patent relating to siRNA, and related successful Interference proceeding.
  • Consolidated reexaminations of basic patent on NF-Kappa B owned by Harvard, MIT and the Whitehead Institute; patent successfully asserted at District Court level against Eli Lilly & Company and Amgen.
  • Prosecution and Reexamination of Columbia University’s Axel patents on cotransformation and coamplification which were licensed by more than 30 companies who have paid Columbia more than $600 million in royalties and which were successfully litigated against Roche in Boston, Massachusetts and successfully defended against oppositions in Europe and Japan.
  • Australian Government’s (C.S.I.R.O.’s) patents on ribozymes exclusively licensed to Johnson & Johnson.
  • Savient Pharmaceuticals OXANDRIN® product for treating loss of body mass in HIV-1 infected patients.
  • OSI Pharmaceutical’s U.S. and foreign patents for its TARCEVA® cancer drug which is approved for marketing in the United States, Europe and Japan, and is being comarketed with Genentech in the U.S. and by Roche outside the U.S.
  • Teva Pharmaceutical’s U.S. and foreign patents for its RASAGILINE® drug for Parkinson’s disease which is approved for marketing in Europe and the United States.
  • Teva Pharmaceutical’s U.S. and foreign patents for its COPAXONE® drug for Multiple Sclerosis which is approved for marketing in Europe and the United States.

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  • New York Law School, J.D., 1997
  • Columbia University School of Engineering, B.S., Chemical Engineering, 1993
Bar Admissions
  • New York
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States Court of Appeals for the Federal Circuit
  • United States Patent & Trademark Office
Professional Associations & Memberships
  • Hon. William C. Conner Inn of Court
  • New York State Bar Association
  • New York Intellectual Property Law Association (NYIPLA)
  • American Intellectual Property Law Association (AIPLA)
  • Association of the Bar of the City of New York
Awards & Honors
  • New York Metro SuperLawyers Award, 2023
  • 18th Most Active Attorney in Bio-Tech (out of 11,732), Patexia Prosecution Award, 2023


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