Co-Chair, Intellectual Property Practice Group, Gibson, Dunn & Crutcher LLP

Wayne Barsky is a trial lawyer and national co-chair of Gibson, Dunn & Crutcher’s 125-lawyer Intellectual Property Practice Group, where he focuses on high-stakes, high-profile patent litigation for clients in the biotechnology, pharmaceutical, and medical device industries. Barsky’s practice regularly takes him to district courts around the country, as well as to the Federal Circuit Court of Appeals, Ninth Circuit Court of Appeals, and the International Trade Commission.

Barsky was recently lead defense counsel for Medtronic in a patent infringement action filed in the Western District of New York pertaining to remote patient monitoring systems for chronic diseases such as diabetes and hypertension. Plaintiff Medgraph, Inc. alleged that use of Medtronic’s blood glucose monitors, as well as CGM implants (continuous glucose monitors) and associated software indirectly infringed numerous method claims and directly infringed a system claim in Medgraph’s patents related to remote patient monitoring. The judge granted Medtronic’s motion for summary judgment of non-infringement on all claims of both asserted patents. Later, the Federal Circuit unanimously affirmed the district court’s summary judgment. Barsky argued both the summary judgment and the appeal.

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