Gerald B. Hrycyszyn

Gerald B. Hrycyszyn

Shareholder | Litigation
617.646.8313 Gerald.Hrycyszyn@WolfGreenfield.com LinkedIn Profile

Education

  • Rensselaer Polytechnic Institute, BS, Materials Engineering
  • Bettis Reactor Engineering School, Nuclear Engineering, Graduate Certificate
  • Stanford University, MS, Civil and Environmental Engineering
  • Santa Clara University School of Law, JD, magna cum laude

Key Technologies

  • Semiconductors
  • Materials & Chemicals
  • Consumer Electronics
  • Medical Devices
  • Cloud Computing
  • Virtual & Augmented Reality
  • Pharmaceuticals 

Practice Groups

Admitted to Practice

  • California
  • Massachusetts
  • Texas
  • US Patent and Trademark Office
  • US District Court, Central District of California
  • US District Court, Northern District of California
  • US District Court, Northern, Southern, Eastern, and Western Districts of Texas
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Federal Circuit
  • US Supreme Court

Location

  • Boston

Overview

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

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

Jerry is ranked as one of the top performing practitioners representing patent owners in Patexia's IPR Intelligence Report. He has represented patent challengers and patentees in over 40 proceedings before the PTAB and regularly serves as lead counsel in inter partes review (IPR) proceedings. Jerry represents clients in a wide range of technologies in post-grant proceedings, from Godo Kaisha IP Bridge in the semiconductor space, to Shell Oil in the catalyst space.   

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.

Jerry’s 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.

Client Testimonial

We couldn’t have asked for a better result, and couldn’t have asked for better counsel than you! We all greatly appreciate the great work from you and your team.


Experience

Litigation Experience

  • Represents prominent clients in disputes in district courts and appellate courts across the country and at the ITC, including the District of Delaware, Eastern District of Texas and Western District of Texas, and the Federal Circuit.

District Court Litigation Experience

  • Representing LiTL, LLC in a five patent suit against Lenovo pending in the District of Delaware. (Case No. 1:20-CV-00689 (DDE)
  • Led defense of Wayfair LLC in a patent suit 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 in December 2017.  (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.  

ITC Experience

  • Investigation No. 994 (2016-2017): Represented Sony in trial victory in an ITC action brought by Creative Technology Ltd.  Secured an expedited proceeding under the ITC’s new “100-day program,” and won the first-ever patent invalidation under that program. Sony's victory before the Administrative Law Judge was affirmed both by the full Commission and the Court of Appeals for the Federal Circuit.
  • Investigation Nos. 741/749 (2010-2012): Represented MStar Semiconductor in trial victory in a complex ITC action, which was then upheld by the full Commission.

Post Grant Experience

  • Ranked as one of the top performing practitioners representing patent owners in Patexia's IPR Intelligence Report. Has represented patent challengers and patentees in over 40 proceedings before the PTAB and regularly serves as lead counsel in inter partes review (IPR) proceedings. Represents clients in a wide range of technologies in post-grant proceedings, from Google in the cloud computing space, to Good Kaisha IP Bridge in the semiconductor space, to Shell Oil in the catalyst space.      
  • Representing 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.  Jerry 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

Jerry has repeatedly been named to the Massachusetts Super Lawyers list in the field of intellectual property litigation. In addition, he is recognized among the top 5% of best performing and most active practitioners representing patent owners in Patexia's IPR Intelligence Report. He is also ranked in Patexia’s CAFC Intelligence Report among the top 4% of most active attorneys representing appellants.  


Publications


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Interests

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