Patent litigation attorney
Gilbert Smolenski
10 tracked appearances — 4 plaintiff · 6 defendant.
Specialty & background
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Gilbert T. Smolenski — patent litigation summary
Focus areas. Smolenski's tracked patent work is concentrated in medical devices — specifically RF/neuromodulation and ENT (sino-nasal) devices — arising out of the Neurent Medical / Aerin Medical / The Foundry dispute family. His own firm biographies describe a broader practice spanning medical devices, software, hardware, network security, telecommunications and renewable energy, with mechanical-engineering grounding (BS, Mechanical Engineering, Clemson, 2016; he worked on medical device design projects before law school). No Wi-Fi/standards-essential-patent or pharmaceutical work appears in the tracked cases or the practice descriptions located, so a specialty in those areas is not supported.
Side preference. The tracked data show 6 defendant-side and 4 plaintiff-side appearances, but the split largely reflects litigation posture rather than a plaintiff/defendant orientation: WilmerHale represented Neurent Medical — an operating company selling the Neuromark device, not an NPE/PAE — across a two-front dispute in which Neurent both defended infringement suits brought by Aerin Medical and The Foundry and asserted its own claims (including counterclaims and related actions) against them. He accordingly has an operating-company defense practice with parallel offensive/declaratory and counterclaim work; there is no evidence in the record of NPE/PAE-side prosecution.
Firm context and notable matters. All ten tracked appearances list Wilmer Cutler Pickering Hale and Dorr, where he was a Senior Associate in Washington, DC; he previously practiced at McDermott Will & Emery in DC (district court litigation, Federal Circuit appeals, post-grant proceedings, portfolio management). Note: Sidley Austin's own website now carries a profile for him describing the same education and credentials and listing him as co-author of a June 2026 Sidley client publication on Western District of Texas patent litigation, which indicates a move to Sidley; the tracked docket data predates that move. The most prominent tracked matters are Aerin Medical Inc. v. Neurent Medical Ltd. and Neurent Medical Inc. v. Aerin Medical Inc. (D. Del. C.A. No. 23-756-JLH) and the related The Foundry, LLC actions; the Delaware case was scheduled through a May 2026 Markman hearing and August 2027 trial. PTAB records also list him on WilmerHale petitions involving Medtronic Vascular patents (e.g., IPR2021-01532/-01533 as to U.S. Pat. No. 7,101,393). No verdicts or settlements were verifiable from the sources reviewed.
PTAB/IPR experience. This is a genuine strength: he appears repeatedly in AIA proceedings, including the Neurent-filed IPRs against Aerin patents (IPR2024-00277, -00278, -00279, -00280, -00281, -00282, -00669) — IPR2024-00278 proceeded to a final written decision on July 11, 2025, with the patent owner noticing an appeal on September 11, 2025 — and the Aerin-filed IPRs against Neurent patents (IPR2025-01124 through -01127), where Neurent pressed discretionary-denial arguments. He has authored numerous PTAB/USPTO update client alerts and serves as Conference Committee Co-Chair of the PTAB Bar Association.
Bar and education. JD, Wake Forest University School of Law, 2019 (magna cum laude; Order of the Coif per his Sidley profile); BS, Mechanical Engineering, Clemson University, 2016. Admitted to the USPTO (Reg. No. 78,549); Sidley also lists District of Columbia and New York admissions, while his WilmerHale profile listed only the USPTO — the DC/NY admissions are sourced to the firm bios but not independently verified here.
Firms
Roles
- back-up counsel3
- counsel2
- Counsel1
- Senior Associate1
- petitioner's counsel1
- team member1
Cases (10)
- Δ defendantAerin Medical Inc. v. Neurent Medical Inc. et al.Wilmer Cutler Pickering Hale and Dorr · counsel
- Δ defendantAerin Medical Inc. v. Neurent Medical LimitedWilmer Cutler Pickering Hale and Dorr · Counsel
- π plaintiffNeurent Medical Inc. et al. v. Aerin Medical Inc.Wilmer Cutler Pickering Hale and Dorr · team member
- π plaintiffNeurent Medical Inc. et al. v. The Foundry, LLCWilmer Cutler Pickering Hale and Dorr · back-up counsel
- π plaintiffNeurent Medical Inc. et al. v. The Foundry, LLCWilmer Cutler Pickering Hale and Dorr · back-up counsel
- Δ defendantNeurent Medical Inc. et al. v. The Foundry, LLCWilmer Cutler Pickering Hale and Dorr · counsel
- Δ defendantNeurent Medical Inc. v. The Foundry, LLCWilmer Cutler Pickering Hale and Dorr
- Δ defendantThe Foundry, LLC v. Neurent Medical Inc. et al.Wilmer Cutler Pickering Hale and Dorr · back-up counsel
- Δ defendantUntitled caseWilmer Cutler Pickering Hale and Dorr · Senior Associate
- π plaintiffUntitled caseWilmer Cutler Pickering Hale and Dorr · petitioner's counsel