Gabrielle E. Bina
Litigator Gabrielle focuses her practice on intellectual property disputes, with a particular emphasis on patent litigation and appeals.
Gabrielle Bina represents patent holders and accused infringers in disputes covering a wide range of technology, including medical devices, microprocessors, consumer products and biotechnology. While she has litigated cases in numerous major patent litigation dockets, she has particular depth in trying cases in the "rocket docket" Western District of Wisconsin, where she was previously an intern.
Experienced in all stages of litigation, from conducting discovery to trial and appeal, Gabrielle has an extensive background in drafting motions to dismiss, infringement and invalidity contentions, claim construction and summary judgment briefs, pre-trial and post-trial briefs, and appellate pleadings.
In addition to her patent litigation practice, Gabrielle has litigated complex commercial matters involving claims of trade dress infringement, trade secret misappropriation, breach of contract, and unfair competition. Gabrielle also has experience working with universities and technology transfer offices in patent infringement and licensing disputes. Additionally, she counsels her clients on responding to subpoenas, e-discovery issues and litigation readiness initiatives.
Gabrielle devotes substantial time to pro bono matters, including representation of an inmate on Georgia's death row in federal habeas corpus proceedings for more than fifteen years. Gabrielle also had an opportunity to brief and argue education law issues in the U.S. Court of Appeals for the Seventh Circuit as an amicus appointed by that court.
Areas of focus
Education & Credentials
Education
- University of Wisconsin Law School, J.D., magna cum laude, Managing Editor, Wisconsin Law Review, 2002
- Beloit College, B.A., Classics, summa cum laude, Phi Beta Kappa, 1998
Bar and Court Admissions
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Wisconsin
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the Western District of Wisconsin
- U.S. District Court for the District of Columbia
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Eastern District of Michigan
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Western District of Texas
Related Employment
- Heller, Ehrman, White & McAuliffe LLP, Madison, WI, Law Clerk, 2001, 2002; Associate, 2002-2008
- U.S. District Court for the Western District of Wisconsin, Intern for The Hon. Barbara Crabb, 2001
- Gibson, Dunn & Crutcher LLP, Washington, D.C., Summer Associate, 2001
- Foley and Lardner LLP, Madison, WI, Summer Associate, 2000, 2001
- Law Office of Susan B. King, Madison, WI, Legal Assistant, 1999
Professional Recognition
Listed in Super Lawyers Magazine as a "Wisconsin Rising Star" in Intellectual Property Litigation, 2013, 2018
Impact
Professional Leadership
- National Association of Women Lawyers
- American Intellectual Property Law Association
- American Bar Association
- Western District of Wisconsin Bar Association
- State Bar of Wisconsin, Litigation Section
Professional Experience
Patent Litigation
Riddell Inc v. Kranos Corporation
U.S. District Court for the Northern District of Illinois
Obtained $5 million verdict for Riddell after jury found rival helmet maker Schutt Sports had willfully infringed two of Riddell’s patents when they created and marketed the “Vengeance” football helmet line.
Riddell Inc. v. Rawlings Sporting Goods, Inc.
U.S. District Court for the Northern District of Illinois
Successfully represented Riddell in a patent infringement case involving patents directed to football helmet and shoulder pad technology.
Easton Baseball/Softball, Inc. v. Wilson Sporting Goods Company & Wilson Sporting Goods Company v. Easton Baseball/Softball, Inc.
U.S. District Court for the Central District of California
U.S. District Court for the Northern District of Illinois
Successfully represented Easton Sports in patent infringement case, involving claims and counterclaims, directed to baseball bat technology.
Cree, Inc. v. Kingbright Corporation
U.S. District Court for the Western District of Wisconsin
Successfully represented Cree in the enforcement of patents relating to LED technology.
Cree, Inc. v. Harvatek Corporation
U.S. District Court for the Western District of Wisconsin
Successfully represented Cree in the enforcement of patents relating to LED technology.
Bern Unlimited Inc. v. The Burton Corporation, et al.
U.S District Court for the District of Massachusetts
Obtained summary judgment on behalf of BRG Sports that Bern has not acquired trade-dress protection for its snow and bike helmets.
Teva Pharmaceuticals USA Inc., et al. v. Mylan Pharmaceuticals Inc., et al.
U.S. District Court for the Southern District of New York
Defended Mylan and Natco in suit alleging infringement of multiple patents related to polypeptide markers for measuring the molecular weight characteristics of a pharmaceutical composition for the treatment of multiple sclerosis. Mylan obtained dismissal of suit in its entirety for failure to state a claim upon which relief could be granted.
Ruud Lighting Inc. v. Cooper Lighting, LLC
U.S. District Court for the Eastern District of Wisconsin
Representing Ruud Lighting Inc. in a patent infringement case related to LED lighting products.
Illumination Management Solutions Inc. v. Ruud Lighting Inc., et al. (Stadtmueller, J.)
U.S. District Court for the Eastern District of Wisconsin
Defended Ruud Lighting Inc. in a patent infringement case related to LED lighting products. Successfully obtained summary judgment ruling of non-infringement.
Illumination Management Solutions Inc. v. Ruud Lighting Inc., et al. (Randa, J.)
U.S. District Court for the Eastern District of Wisconsin
Defending Ruud Lighting Inc. and two of its officers in a breach of fiduciary duty/related claims and trade secret case. The Court granted Ruud's motion to dismiss the breach of fiduciary duty and related claims.
Wisconsin Alumni Research Foundation (WARF) v. Virtus Pharmaceuticals, LLC
U.S. District Court for the Western District of Wisconsin
Represented WARF in an action for infringement of WARF’s patent directed to the use of calcium formate to increase dietary calcium in a human patient. Obtained favorable settlement.
Wisconsin Alumni Research Foundation (WARF) v. WH Nutritionals, LLC
U.S. District Court for the Western District of Wisconsin
Represented WARF in an action for infringement of WARF’s patent directed to the use of calcium formate to increase dietary calcium in a human patient. Obtained favorable settlement.
Rembrandt Data Storage, LP v. Seagate Technology LLC
U.S. District Court for the Western District of Wisconsin
Represented Rembrandt in assertion of patents relating to thin film heads used in hard disk drives.
Rembrandt Data Storage, LP v. Western Digital Corporation
U.S. District Court for the Western District of Wisconsin
Represented Rembrandt in assertion of patents relating to thin film read/write heads used in hard disk drives.
Riddell Inc. v. Schutt Sports Inc.
U.S. District Court for the Western District of Wisconsin
Obtained a $30 million verdict for Riddell in a patent infringement case directed to protective technology in football helmets.
Regents of the University of California and Boston Scientific Corporation v. Micro Therapeutics Inc. (MTI), et al.*
U.S. District Court for the Northern District of California
Represented MTI in patent infringement case involving 12 patents relating to the repair of brain aneurysms by implanting platinum microcoils therein. Nine other corresponding worldwide litigations, as well as several European Patent Office (EPO) oppositions were also ongoing. MTI counterclaimed for antitrust violation against the Regents and Boston Scientific Corporation. The litigation was successfully completed in March 2008, with MTI receiving a worldwide license to operate under all of the asserted patents.
Innogenetics N.V. v. Abbott Laboratories*
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Western District of Wisconsin
Represented Innogenetics in an action for patent infringement against Abbott Laboratories on Innogenetics’ patent for a method of genotyping the hepatitis C virus. Innogenetics obtained summary judgment of no unenforceability, a directed infringement verdict on the three asserted claims, and jury verdicts that the patent was not invalid and awarding damages. On appeal, the Federal Circuit affirmed the findings of infringement and validity of two of the asserted claims and affirmed the jury’s damages award. 512 F.3d 1363. (Fed Cir. 2008)
John Mezzalingua Associates, LLC. d/b/a PPC broadband, Inc. v. Arris International*
U.S. District Court for the Western District of Wisconsin
Obtained multi-million-dollar award of willful infringement on behalf of owner of patents on coaxial cable connectors.
Ashley Furniture Industries Inc. v. Lifestyle Enterprises and Ashley Furniture Industries Inc. v. Yuan Tai Enterprises*
Represented Ashley Furniture in assertion of design patent.
* Prior Experience