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Gregory J. Vogler
Shareholder

Email. gvogler@mcandrews-ip.com
Tel. (312) 775-8000

Practice Areas
Patent, Trade Secret and Trademark Litigation; IP Due Diligence for Acquisitions/Mergers

Education
Purdue University, B.S. Eng., with honors, 1977
DePaul University, J.D.,  with honors, 1984

Bar Admissions
Admitted to practice in Illinois.  Member of the bars of the U.S. District Court for the Northern District of Illinois, including the Trial Bar, U.S. Court of Appeals for the Federal Circuit, U.S. Supreme Court, U.S. District Courts for the Eastern and Western Districts of Michigan, U.S. District Court for the Eastern District of Wisconsin, U.S. Court of Appeals for the Ninth Circuit.  Registered to practice before the U.S. Patent and Trademark Office.

Professional Experience
Greg Vogler is one of the co-founders of the firm.  Greg specializes and has been very successful in patent, trade secret and trademark litigation representing owners and accused infringers in all phases of litigation, including jury and bench trials, ITC proceedings, arbitration, and mediation.  Greg also specializes in due diligence investigations of intellectual property in connection with acquisitions and mergers.

Three recent cases highlight Greg's successes as lead trial lawyer:  1. The Tianrui Group v. ITC Case -- In the Matter of Certain Cast Steel Railway Wheels, ITC Investigation No. 337-TA-655; 2. Reaux Medical v. Stryker, Civil Action No. 3-09-cv-1582-m (N.D. Texas); and 3. Stryker v. Zimmer, Civil Action No. 1:10-CV-1223 (W.D. Mich.).  In the Tianrui Case, Greg's client Amsted obtained a 10-year Exclusion Order against Tianrui.  The Federal Circuit affirmed the ITC and held in a case of first impression that the ITC could apply U.S. domestic trade secret law to conduct that occurs in a foreign country.  The Courts dismissed Tianrui's arguments that the rulings are applying U.S. law to extraterritorial conduct and interfering with Chinese trade secret law.  Also, although the U.S. domestic industry injured was not using the trade secrets at issue, the Tianrui conduct injured a related domestic industry that was selling cast steel railway wheels in competition with Tianrui.  Again, this was an issue of first impression that was found sufficient to invoke the protections of the Section 337 of the Tariff Act.

In Stryker v. Zimmer, Greg obtained a jury verdict awarding Greg's client Stryker $70 million in lost profits after finding willful infringement of three patents by Zimmer.  In Reaux Medical v. Stryker, Greg obtained a jury verdict finding that his client Stryker did not infringe the patent in suit and did not misappropriate trade secrets.

Greg has argued over a dozen times before the Court of Appeals for the Federal Circuit and took the lead role in the briefing of a 1989 patent case, Eli Lilly v. Medtronic, before the U.S. Supreme Court.  Greg’s litigation experience spans diverse technologies such as complex medical devices, electronic control systems, railcar components, seafood processing equipment, conveyor systems, lease-purchasing financial services, bone cement and the like.  Greg has worked extensively in "medical device" patent cases involving hip and knee implants, pacemakers, automatic implantable defibrillators, dialysis machines, special surgical tools and suction irrigators for laparoscopic and arthroscopic surgery, surgical saw blades, endoscopic camera systems, endoscopic tools, surgical navigation systems, hospital beds, balloon angioplasty devices, orthopedic implants, and many more.  He co-chaired a "National Symposium on Patent Protection for Medical Devices."

Greg is lead trial counsel in the following representative cases which reflect his national practice:

•     Stryker Corporation v. Zimmer, Inc., et al., Civil Action No. 1:10-cv-1223, filed in the U.S. District Court for the Western District of Michigan (patent infringement)

•     In the Matter of Certain Cast Steel Railway Wheels, Investigation No. 337-TA-655, before the International Trade Commission (trade secret misappropriation)

•     Reaux Medical v. Stryker Corporation, Civil Action No. 3-09-cv-1582-m, filed in the Northern District of Texas (patent infringement and trade secret misappropriation)

•     Norian Corp. v. Stryker Corporation, Civil Action No. C-01-0016, filed in the Northern District of California (patent infringement)

•     Howmedica Osteonics Corp. v. Zimmer Inc. and Smith & Nephew, Civil Action No. 2:05-cv-897, filed in the U.S. District Court for the Northern District of New Jersey (patent infringement)

•     Luma Corporation v. Stryker Corporation, et al., Civil Action No. 1:02-1479, filed in the U.S. District Court for the Southern District of West Virginia (patent infringement)

•     Zimmer Inc. v. Howmedica Osteonics, Civil Action No. 3:02-cv-425, filed in the U.S. District Court for the Northern District of Indiana (patent infringement)

•     Stryker Corporation v. Davol, Inc., Civil Action No. 4:96-cv-191, filed in the U.S. District Court for the Western District of Michigan (patent infringement)

•     Seafood Equipment Development Corp. v. Laitram Machinery, Inc., Civil Action No. 91-223-civ-0c-16, filed in the U.S. District Court for the Middle District of Florida (patent infringement)

•     Cobra Capital LLC v. LaSalle National Bank, et al., Civil Action No. 05-cv-2419, filed in the U.S. District Court for the Northern District of Illinois (trademark infringement)

•     Amsted Industries, Inc. v. ABC-NACO, Inc., Civil Action No. 00-c-7119, filed in the U.S. District Court for the Northern District of Illinois (patent infringement)

•     Rexnord Corp. v. The Laitram Corporation, et al., Civil Action No. 99-c-0245, filed in the U.S. District Court for the Western District of Wisconsin (patent infringement)

•     Intralox, Inc. v. Rexnord Corp., Civil Action No. 00-3783, filed in the U.S. District Court for the Eastern District of Louisiana (patent infringement)

•     Synvasive Technology v. Stryker Corporation, Civil Action No. 2:06-cv-49, filed in the U.S. District Court for the Eastern District of California (patent infringement)

•     Brasseler v. Stryker Sales Corp., et al., Civil Action No. CV-497-184, filed in the U.S. District Court for the Southern District of Georgia (patent infringement)

•     Southland Athletic Association v. IYSA, et al., Civil Action No. 05-c-0222, filed in the U.S. District Court for the Northern District of Illinois (pro bono antitrust)

Recently, Greg was selected as one of Managing Intellectual Property IP Stars 2013.  He was also recognized by Leading Lawyers Network as a Leading Lawyer in IP law, and was named Illinois Super Lawyer by Law and Politics in Chicago magazine.

Greg has been active with DePaul University College of Law serving on the Dean’s Council, the Intellectual Property Advisory Board and other programs.  DePaul University awarded the prestigious Outstanding Service To DePaul University Award to Greg in 2007.

Greg grew up in southern Indiana and was the 13th of 14 children.  Greg married a hometown girl and has three sons.  He is very active in Downers Grove where he served as an elected commissioner, chaired successful library and high school referenda, served as a board member on the local YMCA, Care and Counseling Center, and other groups, and coached youth basketball, soccer and cross country.

Publications and Press

IP Lawyers Help Clients Protect Trade Secrets, Chicago Daily Law Bulletin (February 2011).  View File.

Merging Intellectual Properties Among Equals, MX Publication (May/June 2008).

Buying Big Ideas, MX Publication (Novermber/December 2007).















 

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