Gerald B. Hrycyszyn

Overview

Jerry Hrycyszyn is an experienced trial lawyer focusing on patent litigation and post-grant proceedings.

Jerry’s clients include high-tech companies in the electronics, software, and internet industries, as well as Fortune 500 technology and retail companies, and leading research universities. Known for forming strong relationships with clients, Jerry views clients as partners. He is an attentive listener who seeks to learn clients’ goals to ensure our approach is optimized to meet their needs.

A member of the Texas, California, and Massachusetts Bars, Jerry litigates disputes in federal courts across the country, including the Eastern District of Texas, Western District of Texas, district courts in California, Delaware, Massachusetts, the Court of Appeals for the Federal Circuit, and before the International Trade Commission (ITC).

Jerry has represented patent challengers and patentees in more than 60 proceedings before the PTAB and regularly serves as lead counsel in inter partes review (IPR) proceedings. He represents clients in a wide range of technologies in post-grant proceedings, from Google in the cloud computing space, to Godo Kaisha IP Bridge in the semiconductor space, to Shell Oil in the catalyst space.  

With a focus on defending patents, Jerry helps clients utilize their assets and is adept at alternative fee arrangements. As Wolf Greenfield’s treasurer, Jerry is highly attuned to managing work to client budgets and regularly devises mutually beneficial partnerships between clients and the firm.

Jerry’s expansive technical experience includes semiconductor technologies, materials and chemical technologies, pharmaceuticals, electrical and computer technologies, consumer electronics, and medical devices.

Jerry previously served as an officer in the US Navy. He was with Naval Reactors, where he was responsible for directing research and development of materials technologies for naval nuclear propulsion systems.

Experience

District Court Litigation

• Representing LiTL, LLC in four lawsuits against Microsoft, HP, DELL, and Asus pending in the District of Delaware.
• Representing IP Bridge in lawsuits against Western Digital and Seagate in technology involving quantum magnetic tunnel junctions.
• Representing NL Giken, Inc. in an eight-patent lawsuit against Apple and a five-patent lawsuit against Amazon, which are pending in the District of Delaware.
• Served as local counsel on behalf of Greater Industries, Inc. in a trade secrets theft case that settled favorably after pending in the District of Massachusetts.
• Favorably settled a five-patent lawsuit for LiTL, LCC against Lenovo that was pending in the District of Delaware. (Case No. 1:20-CV-00689 (DDE))
• Led defense of Wayfair LLC in a patent lawsuit filed by AR Design Innovations LLC involving augmented reality technology.  Secured a favorable settlement in light of a pending motion to transfer and an imminent IPR filing. (Case No. 6-21-CV-00880 (WDTX))
• Represented E Ink (the world’s largest supplier of electronic paper displays) in defending a suit brought by Research Frontiers Inc. in the District of Delaware. With the Wolf Greenfield team, secured a dispositive claim construction and judgment of non-infringement for E Ink, which was affirmed on appeal at the Court of Appeals for the Federal Circuit.  (Case No. 1-13-CV-01231 (DDE), Case No. 17-1599 (CAFC))
• Represented Keurig in numerous patent, trademark, and trade dress cases involving coffee brewing technology.  

Post-Grant Proceedings

• Representing LiTL, LLC in nine IPRs in the pre-institution phase.
• Represented LiTL, LLC in four re-exams, in two of which all claims were affirmed patentable and two of which are on appeal before the PTAB.
• Represented Shell Oil in defending multiple IPRs challenging Shell patents directed to catalysts. (IPR2021-01537, IPR2022-00158, IPR2022-00158)
• Led the defense of three IPRs filed by Lenovo (United States), Inc. against three different LiTL, LLC patents directed to computing technologies, securing denials of institution in all of them. (IPR2021-00786, IPR2021-0800, IPR2021-00681)
• In a case of first impression, represented the University of Florida Research Foundation (UFRF) in successfully asserting sovereign immunity, persuading the PTAB to dismiss three IPRs filed against UFRF’s patent. State universities had previously had patents challenged before the PTAB, but none had ever asserted that sovereign immunity renders a state entity immune to those challenges. (IPR2016-01274, IPR2016-01275, IPR2016-01276)
• Represented Saint-Gobain in successfully defending an IPR challenge of a patent directed to a hard disk drive component, securing confirmation of all challenged claims in a final written decision.  This was the first time the PTAB had ever found claims patentable in an IPR based on secondary factors of nonobviousness. (IPR2014-00309)
• Represented Godo Kaisha IP Bridge in defending over a dozen IPRs directed to semiconductor technologies filed by numerous challengers. Led 11 of these IPR defenses, secured institution denials in two of them, and secured complete wins at final written decision in one of them, and positioned the client for favorable settlements in five of them. (IPR2020-01007, IPR2020-01008, IPR2020-01009, IPR2017-01841, IPR2017-01842, IPR2017-01843, IPR2017-01844, IPR2017-01861, IPR2017-01862, IPR2017-00841, IPR2017-00842, IPR2017-01843, IPR2017-01844)
• Represented the University of Minnesota in defending four IPRs filed by Gilead Sciences, Inc. challenging a patent directed to a pharmaceutical compound, securing denials of institution in three of them. (IPR2017-02004, IPR2017-02005, IPR2017-01712, IPR2017-01753)

Activities

• Massachusetts Bar Association: Member (2009-Present)
• Texas Bar Association: Member (2004-Present)
• California Bar Association: Member (2003-Present)
• Association of University Technology Managers (AUTM)

Recognition

• Repeatedly named to the Massachusetts Super Lawyers list in the field of intellectual property litigation
• Recognized among the top 4% of most active attorneys representing appellants in Patexia’s CAFC Intelligence Report (2023)
• Recognized among the top 5% of best performing and most active practitioners representing patent owners in Patexia's IPR Intelligence Report (2022)

Interests

Jerry enjoys adventures ranging from runs through the Sahara to motorcycling through the Andes Mountains.