Counsel

Gwen Hochman Stewart

IP Litigation

gstewart@sidley.com

Chicago +1 312 853 2206

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GWEN HOCHMAN STEWART is a practical, results-oriented intellectual property litigator with a knack for quickly grasping and persuasively articulating the nuanced legal and technical issues at the heart of a complex case.

Plaintiffs and defendants in the life sciences and technology sectors regularly turn to Gwen in complex patent disputes, and her practice also includes copyright litigation and other technology-intensive matters. Gwen has substantial experience leading all stages of litigation, from pre-suit investigations through trial. She has served on winning patent jury trial teams for both plaintiff and defendant clients, obtaining a $155 million past damages award for a large, public pharma/biotech company in D. Del. and a complete defense verdict for a large, public tech company in E.D. Tex. Gwen’s academic background in the history of science enables her to bring unusually keen insights to developing invention stories, assessing prior art, and building trial themes.

Gwen enjoys learning about her clients’ businesses and has represented companies in a wide variety of industries, including biologics, pharmaceuticals, medical devices, mobile computing, communications networking, consumer electronics, software, construction materials, automotive technologies, professional services, and fine art. She has experience litigating in federal district and appellate courts as well as the United States International Trade Commission. She also has experience obtaining results for clients through various forms of alternative dispute resolution.

A thought leader in intellectual property law, Gwen welcomes speaking opportunities, and a list of her recent talks, seminars, and publications may be found below.

Gwen actively participates in several professional and community organizations, including through leadership roles with Lawyers for the Creative Arts and the Harvard Alumni Association.

Committed to serving pro bono clients, Gwen has received both the Award for Excellence in Pro Bono Service from the United States District Court for the Northern District of Illinois and the Thomas H. Morsch Award for Pro Bono Achievement from Sidley Austin LLP. These awards recognize Gwen’s work in bringing the copyright-infringement action Suarez v. Glassner, et al. (N.D. Ill.) on behalf of a local artist.

Gwen clerked for the Honorable William Alsup at the United States District Court for the Northern District of California in San Francisco. During law school, Gwen served as executive editor of the Harvard Journal of Law and Technology.

Gwen has working proficiency in written and spoken Spanish.

Experience

Representative matters include the following:

Bayer Healthcare v. Baxalta (D. Del.) – Counsel for plaintiff Bayer asserting patent infringement directed at recombinant Factor VIII for treating hemophilia; jury returned complete plaintiff verdict of validity and infringement and awarded past damages of $155 million, ranking among the ten largest patent verdicts in the District of Delaware in the decade.
Biscotti v. Microsoft (E.D. Tex.) – Counsel for defendant Microsoft for alleged patent infringement directed at Xbox® technology; jury returned complete defense verdict of non-infringement and invalidity.
Bristol-Myers Squibb Co. v. Merck (D. Del.) – Counsel for defendant Merck for alleged patent infringement directed at the cancer immunotherapy treatment Keytruda®; settled shortly before trial.
Merck v. Actavis (D. N.J.) – Counsel for plaintiff Merck in Hatch-Waxman case directed at antibiotic Dificid®; settled shortly before trial.
Advanced Media Networks v. Gogo, Delta Air Lines, et al. (C.D. Cal.) – Counsel for Gogo and other defendants for alleged patent infringement directed at the Gogo® inflight internet service; favorable Markman ruling led to settlement.
Medtronic MiniMed v. Animas (C.D. Cal.) – Counsel for defendant Animas for alleged patent infringement directed at insulin pump technology; settled shortly before trial.
L’Oreal S.A. v. Johnson & Johnson (D. Del.) – Counsel for defendants Johnson & Johnson and Neutrogena for alleged infringement of patents relating to chemical compositions for sunscreen products; settled shortly before trial.
The Blister Sister v. Merck (N.D. Ill.) – Counsel for defendant Merck for alleged infringement of patents relating to adhesive pads for footwear; settled following initial contentions.
Medline Industries v. CR Bard (N.D. Ill.) – Counsel for plaintiff Medline in multiple cases asserting patent infringement directed at various aspects of a single-layer catheter kit.
Suarez v. Glassner (N.D. Ill.) – Pro bono counsel for plaintiff alleging copyright infringement related to paintings; consent judgment entered in favor of plaintiff following mediation.
American Medical Association v. 3Lions Publishing (N.D. Ill.) – Counsel for AMA for alleged copyright infringement in online journal; settled on appeal following entry of judgment on the pleadings in favor of AMA.

In addition to the award-winning pro bono copyright litigation described above, Gwen has done pro bono immigration work and pro bono adoption work, and she has tried cases in municipal court for pro bono clients.

Gwen serves on the Associate Board of Directors of Lawyers for the Creative Arts and provides volunteer legal services through that organization. An engaged member of the Harvard Alumni Association, Gwen co-chairs the Schools and Scholarships Committee of the Harvard Club of Chicago and serves as a high school liaison and admissions interviewer.

Credentials

Admissions & Certifications

U.S. Court of Appeals, 7th Circuit
U.S. District Court, N.D. of Illinois - General
U.S. District Court, W.D. of Michigan
U.S. District Court, E.D. of Wisconsin
Illinois

Education

Harvard Law School, J.D., 2009
Harvard University, A.B. in History and Science, 2006 (magna cum laude, with highest honors)

Clerkships

William Alsup, U.S. District Court, N.D. of California (2010 - 2011)