Mr. Gilbertsen serves as lead counsel to major consumer product and service companies in antitrust, intellectual property, privacy, false advertising and consumer class action litigation. He has appeared in federal and state trial courts across the nation, as well as before the Federal Trade Commission (FTC) and International Trade Commission (ITC). Mr. Gilbertsen has also argued before the United States Courts of Appeals for the Fourth, Fifth and Ninth Circuits as well as many state courts of appeal.
Representative Experience
Lanham Act Trademark and False Advertising:
Steak n Shake Co. v. Burger King Corp., 323 F. Supp. 2d 983 (E.D. Mo. 2004).
Defeated TRO and preliminary injunction motions alleging violations of federal and state trademark and anti-dilution statutes.
Chick-fil-A, Inc. v. Burger King Corp., (N.D. Ga. 2001).
Successfully defended and resolved false advertising claims after defeating preliminary injunction motion.
Bandag, Inc. v. Michelin of North Amer., Inc., (S.D. Iowa 2002).
Favorably resolved false advertising claims at trial.
United Color Mfb., Inc. v. Octel-Starreon LLC,, (E.D. Pa. 2004).
Resolved Lanham Act claims asserted against a competitor in the fuel additives industry.
Intellectual Property/Patent Infringement:
Nano-Proprietary, Inc. v. Canon Inc., (W.D.Tex. 2007).
Prosecuted claims for declaratory judgment and breach of patent license in connection with flat panel displays utilizing electron field emission display patents.
Nano-Proprietary Inc. v. Keesmann, et al., (N.D. Ill. 2006).
Obtained TRO and preliminary injunction enjoining termination of patent license relating to carbon nanotube cathodes.
IntelliCheck Inc. v. TriCom Card Technologies, Inc., (E.D.N.Y.).
Defending electronic card authentication device manufacturer against patent infringement claims asserted by patent portfolio company (pending).
In re Certain Integrated Circuit Chipsets, (ITC 2000).
Successful settlement of claims asserting the world's largest semiconductor chip maker's chipset patents against foreign infringer.
In re Certain Coated Optical Waveguide Fibers, (ITC 1998).
Settled claims asserting Corning's fiber optic method patents against a foreign infringer.
In re Certain Digital Satellite System Receivers, (ITC 1997), 161 F.3d 696 (Fed. Cir. 1999).
Alleged infringement of signal processing patents applicable to digital satellite television broadcast services.
Antitrust:
In re: Plasma-Derivative Protein Therapies Antitrust Litigation (“MDL 2109”) (N.D. Ill. 2010).
Lead counsel to trade association defending allegations of Section 1 conspiracy to restrict output of plasma protein therapies (pending).
Representing major defense contractor in confidential DOJ Antitrust Division investigation (pending).
Bandag, Inc. v. Michelin of North Amer., Inc. v. Bridgestone-Firestone, Inc., (S.D. Iowa 2002).
Resolved at trial antitrust counterclaims alleging exclusive dealing and conspiracy to restrain trade in the domestic truck tire retreading market.
The Imaging Center, Inc. v. Western Maryland Health System, Inc., (D.Md. 2004).
Challenged an integrated health care system’s exclusive dealing and alleged group boycott of a competing outpatient imaging facility.
Volvo Penta of Americas, Inc. v. Brunswick Corp., (E.D. Va. 1999).
Settled monopolization and exclusive dealing claims in marine engine markets.
In re Lower Lake Erie Iron Ore Antitrust Litig., (MDL 587), 998 F.2d 1144 (3d Cir. 1993) and related cases in Ohio federal and state courts.
Challenged eastern railroads' conspiracy to restrain trade in Great Lakes iron ore transportation.
Consumer Class Actions:
Gonzalez v. Bank of America et al. (S.D. Tex. 2009).
Representing bank in putative class action alleging RICO violations in connection with the telemarketing, sale and administration of insurance products (pending).
Long v. Dick’s Sporting Goods, Inc. (W.D. Ky. 2009).
Representing leading sporting goods retailer in putative class action alleging violations of multistate consumer protection statutes (pending).
Grayson v,. SprintNextel Corporation (D.C. 2009).
Representing wireless carrier in putative qui tam class action alleging violations of District of Columbia unclaimed property and consumer protection statutes (pending).
Keck v. Bank of America (N.D. Cal.).
Defending national bank against Unfair Competition Law (UCL) and Consumers Legal Remedies Act (CLRA) claims related to commercial debt cancellation services (pending).
Valentine, et al. v. Nebaud, et al. (N.D. Cal.).
Defended invasion of privacy claims asserted by putative class of Internet service subscribers who participated in challenged advertising service program.
McNair v. Synapse Group, Inc. (D.N.J.).
Defending Time Inc. subsidiary in a putative class action challenging the cancellation fulfillment policies and practices (pending).
Thomasson v. GC Services LP, (S.D. Cal.).
Obtained summary judgment for defendant, a call center and debt collection company, in putative class action challenging ordinary course of business call monitoring practices under the Fair Debt Collection Practices Act (FDCPA) and California privacy statutes (pending).
Weinman v. The Children's Place Retail Stores, Inc., (E.D.N.Y. 2006).
Obtained dismissal of a putative class action challenging coupon redemption policies.
Jackson v. SprintNextel Corporation, (N.D. Ill. 2006).
Obtained dismissal of a putative class action suit alleging violations of the Fair Credit Reporting Act (FCRA) in connection with prescreened marketing offers.
Krupp v. Nextel Communications, Inc. (N.D. Ill. 2005).
Settled nationwide class action claims related to wireless carrier program changes and related disclosures.
Heartfield v. Nextel South Corp. (Hamilton Cnty. Tenn. 2004).
Obtained dismissal of a class action complaint alleging deceptive billing practices.
In re Wireless Telephone Federal Cost Recovery Fees Litigation (MDL 1559), 293 F. Supp.2d 1378 (JPML 2003).
Consolidated more than 30 cases challenging wireless telephone carriers' FCC program cost recovery fees. All Writs Act injunction and nationwide class settlement was approved and upheld on appeal, 2004 U.S. Dist. LEXIS 23342 (W.D. Mo. 2004), aff'd, 396 F.3d 922 (8th Cir. 2005).
Construction Energies Inc. v. Nextel Communications, Inc. (S.D. Fla. 2003).
Primary jurisdiction referral to FCC of putative nationwide class action suit challenging wireless carrier's recovery of number porting costs under the Communications Act. Suit subsequently dismissed with prejudice.
Stone v. Compuserve Inter. Serv., Inc. (AOL), 804 So. 2d 383 (Fla. App. 2001).
Obtained denial of class certification in an action challenging an Internet service provider's rebate fulfillment practices. Upheld on appeal.
Memberships & Associations
Mr. Gilbertsen is a long-standing member of the American Bar Association Antitrust and Litigation Committees, Consumer Protection, Private Advertising Litigation Subcommittees. He also is a volunteer for the District of Columbia Lawyers Assistance Program.Pro Bono
Bates v. Northwestern Human Services, Inc., et al. (D.C. Sup. Ct.)Representing putative class of DC residents who received mental health care from the defendants and challenge defendants' alleged breach of fiduciary duty and misappropriation of benefit payments (pending).
