Gerard F. Diebner has over 25 years of experience in the field of patent law. His practice concentrates in the areas of pharmaceuticals, biotechnology, chemistry, medical devices, cosmetics, agriculture, veterinary products, pollution control, clean energy and business methods.
Mr. Diebner has extensive trial experience both before the Federal District Courts and the ITC. He also handles patent issues concerning mergers and acquisitions and due diligence searches, and provides general intellectual property corporate advice. He drafts and prosecutes patent applications before the U.S. Patent and Trademark Office and has substantial experience with interference practice. Mr. Diebner works with individual inventors, start-up corporations in emerging growth industries and established multi-national companies.
Mr. Diebner was involved with one of the first biotechnology lawsuits ever brought and was successful in one of the longest biotechnology cases tried to a jury. Mr. Diebner was also involved with Novo Nordisk's successful litigation against Genentech concerning human growth hormone and with representing Merck against Searle in a patent interference, where it was held that Merck, not Searle, was the first to invent VIOXX. Mr. Diebner was lead trial counsel for Proveris Scientific Corp. in Proveris v. Innovasystems, which established that the use of a patent laboratory instrument for the purpose of obtaining FDA approval for a drug product did not fall within the sale harbor provision of 35 U.S.C. §271(e)(1).