Gabriel R. Gervey
Mr. Gervey’s practice focuses on antitrust and intellectual property litigation. At DiNovo Price, Mr. Gervey has represented consumers in direct and indirect purchaser antitrust class actions. As a former Assistant Attorney General in both the Texas and Minnesota Offices of the Attorney General, Mr. Gervey investigated and prosecuted matters involving price-fixing, customer allocation, bid-rigging, and monopolization. He also engaged in extensive merger enforcement. Mr. Gervey’s experience includes antitrust matters related to high-technology consumer products, software, transportation, biotechnology, healthcare, pharmaceuticals, agriculture, finance, and telecommunications. He has considerable experience working with economic experts, including presenting econometric evidence at an antitrust trial.
Mr. Gervey served as lead trial counsel for the 33 Plaintiff States in State of Texas v. Penguin Group (USA) Inc. (tried as to liability concurrently with United States v. Apple), an enforcement action to remedy price-fixing in the market for trade e-books.
Mr. Gervey’s intellectual property experience includes patent and trade secret enforcement matters, primarily in the software and telecommunications industries.
Prior to law school, Mr. Gervey worked as a software developer at an Internet startup company and a medium-sized financial firm.
Education & Professional Background
- University of Wisconsin, Madison (J.D., cum laude, Order of the Coif, 2006)
- University of British Columbia (B.A. (Hons.), 2000), Economics
- Judicial Clerk to the Honorable Susan Richard Nelson, United States District Court for the District of Minnesota, 2006-2007
Licenses & Admissions
- United States District Court for the Eastern District of Texas
- United States District Court for the Western District of Texas
- United States District Court for the District of Minnesota
- Licensed to practice in the state courts of Texas.
- State Bar of Texas
- Austin Bar Association
- State Bar of Minnesota
- In re: Dental Supplies Antitrust Litigation (Eastern District of New York); Direct purchaser antitrust class action alleging large dental product distributors conspired to fix price margins, exclude competitors, and not “poach” one another’s employees.
- In re: German Automotive Manufacturers Antitrust Litigation (Northern District of California); Indirect purchaser class action alleging collusion among major German automobile manufacturers relating to automobile innovation and consumer choice.
Intellectual Property Litigation
- Cell and Network Selection LLC v. AT&T Inc. (Eastern District of Texas); Represented technology company in enforcing patents relating to cellular tower selection by mobile phones.
- Papst Licensing Gmbh & Co., K.G. v. Samsung Electronics Co. (Eastern District of Texas); Represents technology company in enforcing patents relating to the capture and transfer of audio, video and image data.
- Maxient, LLC v. Symplicity Corp. (Eastern District of Virginia); Represented startup company in enforcing software trade secrets against larger rival.