Susan M. Gerber

Susan M. Gerber is an Of Counsel attorney in Jones Day's Intellectual Property practice, based in Cleveland. She focuses on patent infringement litigation and appeals, with additional experience in trademark infringement and false advertising matters. Her practice encompasses a range of technologies, including life sciences (pharmaceuticals, biotechnology, cardiovascular diagnostics), consumer products (e.g., teeth whitening), and mobile technology (e.g., smartphone functions). She regularly handles discovery actions under 28 U.S.C. § 1782 for use in foreign litigation and advises on cross-border IP enforcement.

Gerber primarily represents defendants and operating companies. Her tracked appearances align with a defendant-side practice, and her notable representations include defending Akebia Therapeutics, Inc. and Xiaomi Inc. in patent infringement actions. She also successfully represented The Procter & Gamble Company in district court and inter partes review proceedings concerning tooth whitening strip patents, securing summary judgment of infringement and no invalidity. Furthermore, she obtained a precedent-setting Ninth Circuit decision for Akebia Therapeutics related to § 1782 discovery and achieved summary judgment for luxury brands like Cartier and Chloé against a B2B website.

Her experience extends to the Patent Trial and Appeal Board (PTAB), where she handles inter partes review (IPR) proceedings. She has co-authored publications on PTAB issues, including analyses of "Fintiv" denials and the impact of the SAS Institute decision on follow-on petitions, and strategies for using expert testimony in preliminary responses.

Gerber earned her J.D. summa cum laude from The University of Akron in 1999, where she also received a B.S. in Natural Science magna cum laude in 1996. She is admitted to practice in Ohio and previously clerked for Judge Alice M. Batchelder of the United States Court of Appeals for the Sixth Circuit.