Mr. Gray has significant experience in litigating intellectual property issues, including use of procedures available before the US PTO. His recent work includes staying U.S. litigation over a patent cross licensing agreement in favor or German arbitration, bringing suit to enjoin the use of trade secrets in the printing industry, counseling a foreign client on the bringing of a patent lawsuit in the United States, defending computer-based training providers against claims of trade secret misappropriation and patent infringement, undertaking a successful ex parte re-examination proceeding before the US PTO and opposing an injunction in a trademark case. He is also experienced in resolving venue disputes presented by competing declaratory judgment and patent infringement suits. Mr. Gray also contributes to the drafting of non-infringement and invalidity opinions, counsels clients on design arounds, and has undertaken world-wide intellectual property due diligence evaluations in mergers and acquisitions.
Mr. Gray also has substantial experience in antitrust and consumer class actions involving the telecommunications industry. He represented MCI in the landmark MCI v. AT&T trial which resulted in a $1.8 billion antitrust verdict for MCI. Mr. Gray served as court appointed lead counsel for defendants in In Re Long Distance Telecommunications Litigation, consolidated and individual consumer class actions against virtually all the inter-exchange carriers other than AT&T. He also successfully defeated certification in a consumer class action in the California Superior Court in Sacramento and sustained that decision for MCI in the California Appellate Court. He recently defended a purported class action involving privacy and Telephone Consumer Protection Act claims. Mr. Gray’s antitrust experience also includes defense of an alleged group boycott and an antitrust-based opposition to a threatened dealer termination. He has argued antitrust matters before the Seventh Circuit Court of Appeals and the Office of the Illinois Attorney General. Mr. Gray also counsels clients, including trade associations, in antitrust matters.
Mr. Gray also represents insureds in insurance coverage disputes in both federal and state courts. His recent work includes representing a medical service provider in obtaining coverage for the costs of the defense of an alleged class action complaint, and representing a software company in obtaining coverage for the defense and settlement of patent and trade secret litigation. He represents several American railroads in long tail environmental, hearing loss and asbestos coverage litigation in which he has obtained numerous favorable settlements. He also successfully obtained a coverage settlement for an antitrust claim under comprehensive general liability policies. He has successfully invoked the coverages of third parties in multiparty underlying environmental disputes. He is familiar with the London market and its operations, and is experienced in efficiently pursuing numerous insurers in a single case. Mr. Gray also has experience in reinsurance matters.