Gregory Loyde Hillyer
Partner
Overview

"Clients may retain you and compensate you, but I strive for a higher level of success: a thank you."

Gregory L. Hillyer is an accomplished trial lawyer and law professor.  He has served as first chair in numerous jury and bench trials in both federal and state courts and has appeared before the Court of Appeals for the Federal Circuit.  A former public defender, he also serves as an adjunct professor of law teaching courses in trial advocacy.

As an attorney in the Washington, D.C. office of Brinks, Gilson & Lione, Mr. Hillyer is Board Certified in Intellectual Property Law and focuses on litigation, procurement and proceedings before the United States Patent and Trademark Office.  His experience in patent law is extensive and includes due diligence, freedom to operate, opinion work, patentability studies and serving as a patent expert.  He routinely handles matters involving trademarks, trade dress, copyrights, trade secrets, unfair competition, false advertising and compliance before the FDA and FTC.

Mr. Hillyer worked his way through law school as a Patent Agent for DuPont and a Scientific Advisor for Philadelphia’s largest intellectual property boutique.  His practice now spans a diverse range of technical disciplines including pharmaceuticals, biotechnology, organic and inorganic chemistry, industrial processes, cosmetics, nutritional supplements, veterinary products, medical devices, mechanical articles, electronics, telecommunications, computer inventions, business methods, automotive accessories, conventional power generation and alternative energies.

Mr. Hillyer is a prolific author, a frequent lecturer and often featured in the news, including being interviewed by the National Law Journal and other legal publications.  Mr. Hillyer has been named a “Best Lawyer,” a “Super Lawyer” and an “IP Star” for his excellence in the field and has won numerous awards for advocacy.

Practice Groups
Education
  • J.D.
    Temple University - James E. Beasley School of Law, 2000
  • M.S., Organic Chemistry
    University of Pittsburgh, 1992
  • B.S., Chemistry
    State University of New York, 1989
Bar Admissions
  • Board Certified in Intellectual Property Law, Florida Bar
  • District of Columbia
  • Florida
  • Maryland
  • Pennsylvania
  • U.S. Court of Appeals, Fed. Cir.
  • U.S. Dist. Court, Dist. of Maryland
  • U.S. Dist. Court, E.D. Pennsylvania
  • U.S. Dist. Court, M.D. Florida
  • U.S. Dist. Court, S.D. Florida
  • U.S. Patent & Trademark Office
Experience | Legal

Brinks Gilson & Lione, Washington, D.C.
2016-Present

Feldman Gale, P.A., Washington, D.C.
Partner, 2006-2010; 2011-2016

Novak Druce & Quig LLP, Washington, D.C.
Partner, 2010-2011

Defender Association of Philadelphia, Philadelphia, PA
Assistant Public Defender, 2002-2003

Woodcock Washburn LLP, Philadelphia, PA
Associate, 2000-2002

DuPont Pharmaceuticals Company, Wilmington, DE
Patent Agent, 1997-1999

Experience | Non-Legal

DuPont Merck Research Laboratories
Medicinal and Process Chemist, 1992-1994, 1995-1997

Wingate University
Adjunct Professor of Chemistry, 1994-1995

Experience | Teaching

American University
Adjunct Professor of Law
2010-Present

Temple University
Adjunct Professor of Law
2000-2003

Forward Thinking
in the media
January 27, 2017
On January 27, 2017, the Chicago Daily Law Bulletin mentioned the firm's "2017 IP Developments" Webinar which was moderated by James Sobieraj and joined by Brinks attorneys, Danielle Gillen, Joshua Frick and Gregory Hillyer. Please ...
multimedia
January 25, 2017

Brinks Gilson & Lione attorneys kicks off the firm's centennial year...

in the media
May 25, 2016
On May 25, 2016, The American Lawyer wrote an article about the new hires and offices in China and Tampa.  Click here to read more.  
Presentations
  • "Key Claim Construction Rulings Impacting District Court and PTAB Proceedings," Brinks 2017 IP Developments Webinar, January 25, 2017
  • "Octane Requires More Fitness," 21st Annual Advanced Patent Law Institute (Austin, TX), 2016
  • "Fee Shifting- Will The Exception Become The Rule?" 11th Annual Advanced Patent Law Institute, 2016
  • "Patent Damages Today, But What About Tomorrow?" 10th Annual Advanced Patent Law Institute, 2015
  • "Toil and Trouble for Patent Trolls, Whoever They Are," The Legal Intelligencer, IP Special Section, October, 2013
  • Quoted in Virginia Lawyers Weekly, "Discovery Omissions Costly for Mine Equipment Company," November 15, 2012
  • Interviewed by BioPharm Insight and quoted in "Sequenom:  Breadth of '540 Patent Creates Vulnerability to Validity Challenge Despite Strength of Claims," February 24,2012
  • Speaker, American Bar Association Webinar, "Tackling USPTO Obviousness Rejections," January 20, 2012
  • Interviewed by National Law Journal," A Revived Injunction," January 2, 2012
  • Contributing author, American Bar Association,"Annual Review of Intellectual Property Law Developments," 2011
  • Interviewed by National Law Journal and quoted in "Court Should Have Granted Bosch a Permanent Injunction Against Pylon, Federal Circuit Rules," October 14, 2011
  • "Obviousness Rejections at the USPTO: Prosecution Strategies," American Bar Association 26th Annual Intellectual Property Law Conference, 2011
  • Panelist, Careers in Litigation, American University Washington College of Law, February, 2011
  • Panelist, "Prosecution, Reexamination and Concurrent Litigation," 6th Annual Advanced Patent Law Institute, 2011
  • "The Written Description Requirement: Is Enablement Enough?" Maryland  Bar Bulletin, 2010
  • "Raise Your Hand If You Think You Are Not An Inventor On This Patent," Advanced Patent Law Institute, 2010
  • "Vivus's Qnexa Has Strong Patent Although Drug Composed Of Two Generic Compounds," PharmaWire, September, 2009
  • "Inventing the Prior Art, a Contradiction in Terms," Second Annual IP Law Update, Maryland State Bar Association, 2009
  • "Understanding Objective Recklessness Under Seagate: Are We There Yet?" Advanced Patent Law Institute, 2008
  • "The Litigation of Patent Infringement Claims," Florida Intellectual Property Certification Seminar, July, 2007
  • "Securing and Enforcing Patent Rights," Educational Law Committee Meeting of the Florida Bar, September, 2006
  • "Death of a Salesman: Personal Jurisdiction Based On Offers To Sell," National Law Journal, IP Edition, 1999
  • "Ethanol Production from Citrus Waste Through Limonene Reduction," U.S. Patent No. 8,252,566, issued August 28,2012 (inventor)
  • "Removal of Fermentation Inhibiting Compounds From Citrus Waste Using Solvent Extraction and Production of Ethanol From Citrus Waste," U.S. Patent No. 9,255,280, issued February 9, 2016 (inventor)
  • "Discovery of an Orally Active Series of Isoxazoline Glycoprotein IIIb/IIIa Antagonists," Journal of Medicinal Chemistry, 1997, Vol. 40, No. 13, p 2064-2084
  • "(N-Acyl-N-Alkyl) Glycyl Borolysine Analogs: A New Class of Potent Thrombin Inhibitors," Bioorganic  and Medicinal Chemistry Letters, Vol. 6, No. 24, 1996, p 2913-2918
  • "Balanced Angiotensin II Receptor Antagonists. I. The Effects Of Biphenyl 'Ortho'-Substitution on AT/AT2 Affinities," Bioorganic and Medicinal Chemistry Letters, Vol. 4, No. 16, 1994, p 2011-2016
  • "Hydraamphiphiles: Novel Linear Dendritic Block Copolymer Surfactants," Journal of the American Chemical Society, 1994, 116, p 11195-11196
Representative Matters
  • Served as first chair at trial representing domestic trademark holder of “V2” seeking injunction against several foreign tobacco companies.  VMR Products LLC v. V2H ApS, et al., Case No. 13-cv-07719-CBM (C.D. Cal. 2016)
  • Brought successful declaratory judgment action against healthcare organization regarding patent directed to method for administering intradialytic parenteral nutrition.  Diabetic Care RX v. Pentec Health, Inc., Case No.: 0:15-cv-60532 (S.D. Fla 2015)
  • Defended client against infringement claims under nine patents and obtained global license.  Fontem v. NJOY, Inc., Case No. CV14-1645 (C.D. Cal 2014)
  • Successfully defended sales representatives of medical device company in dispute over alleged violations of covenants not to compete.  Boston Scientific Corporation v. St. Jude Medical, Inc. et al., Case No. 1:14-CV-13624 (D. Mass. 2014)
  • Successfully defended infringement claims and secured right to use asserted trademark.  Grand River Enterprises Six Nations v. VMR Products LLC, Case No. 13-CV-104 (E.D. Wis. 2013)
  • Invalidated all asserted claims directed to a method for increasing the levels of testosterone.  Thermolife International LLC v. DNA Sports Nutrition, et al., Case No.: 2:12-CV-10832 (C.D. Cal. 2013)
  • Obtained temporary restraining order and preliminary injunction against trademark infringer, including registrar lock and redirection of fraudulent website.  VMR Products, LLC v. Electronic Cigarettes Outlet, LLC, et al., Case No. 12-CV-23092 (S.D. Fla. 2012)
  • Prevailed on motion for sanctions and obtained jury instruction after establishing that corporate officer and defendant provided false testimony.  Titan Atlas Manufacturing, Inc., et al. v. Precision Mine Repair, et al., Case No. 1:11-CV-00012 (W.D. Va. 2012)
  • Secured dismissal with prejudice against Texas energy provider involving claims of infringement under patent directed to encrypted data transmission systems.  TQP Development, LLC v. DirectTV, Inc., et al., Case No. 2:11-CV-00399 (E.D. Tex. 2012)
  • Successfully argued to the Court of Appeals for the Federal Circuit that U.S. Supreme Court decision in eBay eliminated presumption of irreparable harm in permanent injunction analysis.  Robert Bosch LLC v. Pylon Manufacturing Corp., 659 F.3d 1142 (Fed. Cir. 2011)
  • Achieved summary judgment invalidating all patent claims directed to magnetic clip-on eyewear attachments.  Aspex Eyewear, et al. v. Zenni Optical, Case No.: 0:09-CV-61468 (S.D. Fla. 2011)
  • Served as first chair in jury trial involving multiple patents and achieved favorable verdict, including non-infringement and invalidity of claims under 35 U.S.C. §§ 103 and 102(f).  Robert Bosch LLC v. Pylon Manufacturing Corp., Case no. 08-542 SLR (D. Del. 2010)
  • Successfully convinced trial court in Markman proceedings to adopt proposed construction involving patent directed to liquid storage tank containment systems.  Brown, et al. v. Toscano, et al., Case No. 06-61840-CV-Seltzer (S.D. Fla. 2009).
  • Secured dismissal with prejudice of infringement claims against wireless systems provider under patent directed to mesh networking technology.  IPCO, LLC, et al. v. Cellnet Technology, Inc., Case no. 1:06-CV-3048 (N.D. Ga. 2009)
  • Successfully defended wiper blade provider in declaratory judgment action brought against patent directed to unique connector system.  Jamak Fabrication-Tex, LLC v. Pylon Manufacturing Corp., Case No. 4-09-CV-063 (N.D. Tex. 2008)
  • Defeated motion for preliminary injunction following two day evidentiary hearing relating to allegations of infringement of patent directed to packaging.  Rally Manufacturing, Inc. v. Pylon Manufacturing Corporation, Case No. 07-21150-Civ-King (S.D. Fla. 2007).
  • Successfully brought declaratory judgment action on behalf of generic drug company against patent directed to a method for treating arthritis.  IVX Animal Health, Inc. v. Burger, Case No. 05-CV-23141 (S.D. Fla. 2006) (Federal Circuit for the Court of Appeals No. 07-1224)
  • Served as patent expert in litigation involving interventional neuroradiology stents.  Higashida, et al. v. Cordis Corporation, et al., Case no. BC335514 (Superior Court for the State of California, Los Angeles County, Central District, 2006).
  • Defended inventors of antiseptic composition and defeated preliminary injunction motion in patent licensing dispute.  Omega Pharmaceuticals, LLC v. Viamonte, et al., Case No. 04 25537 CA 06 (Florida Circuit Court, 11th Judicial Circuit, 2005)
  • Counsel to numerous dietary supplement companies in enforcement action brought by the Federal Trade Commission.  In re Basic Research, Docket No. 9318 (FTC 2004)
  • Instituted inter partes review in Patent Trial and Appeal Board regarding U.S. Patent No. 8,365,742.  IPR2015-00859 (2015)
  • Challenged ORIGINAL MOONSHINE trademark (Registration No. 3,804,217) on the basis of genericness.  Old Smoky Distillery, LLC v. Stillhouse, LLC, Cancellation No. 92053262 (TTAB 2010)

Press Releases & Events
January 25, 2017

On January 25 at 12:00pm CT, join Brinks Gilson & Lione attorneys as they kick off the firm's centennial year by discussing the issues that...

January 18, 2017

CHICAGO—Brinks Gilson & Lione kicks off its centennial year with a look at recent developments in ...

August 15, 2016

CHICAGO—Fifteen attorneys at Brinks Gilson & Lione, one of the largest intellectual property law firms in the United  ...

May 26, 2016
CHICAGO—Five attorneys with experience in patent and trademark litigation are joining Brinks Gilson & Lione from Feldman Gale P.A., including Alejandro J. Fernandez, former managing partner of Feldman’s Tampa office, and Gregory L. ...
Honors
  • Best Lawyers in America, 2009-Present
  • Managing IP Magazine, "IP Star," 2013-Present
  • The Washington Post, Washington DC's Top Lawyers for Excellence in Intellectual Property Law, 2009-Present
  • Pennsylvania Super Lawyers, 2013
  • Florida Super Lawyers, Intellectual Property Star Search, 2009
  • South Florida Legal Guide, "South Florida's Top Up and Coming Attorneys," 2007
  • Florida Trend Magazine, "Up and Coming Legal Elite," 2005
  • Recipient of The Lewis Powell Medallion for Trial Advocacy, American College of Trial Lawyers
  • Recipient of The Murray Love Award for Advocacy, The Pennsylvania Association of Trial Attorneys
  • Recipient of The Most Promising Litigator Award, The Center for Forensic Economic Studies
  • Recipient of The Trial Lawyers' Prize, The International Academy of Trial Lawyers
  • Recipient of The Barrister's Award for Excellence in Trial Advocacy, Temple University School of Law
Affiliations
  • Planning Committee Member, Advanced Patent Law Institute at the United States Patent and Trademark Office
  • American Bar Association
  • American Intellectual Property Law Association
  • District of Columbia Bar
  • Florida Bar Association
  • Maryland State Bar Association
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