Gary M. Fox
Senior Associate
As a member of the firm’s Appellate and Supreme Court Litigation group, Gary M. Fox represents clients in complex litigation matters. He has notable experience representing clients in patent appeals that raise novel procedural issues and involve various types of technologies. Beyond patent appeals, Mr. Fox often works on matters related to administrative law, veterans benefits and voting rights. Mr. Fox routinely takes the lead on briefing critical motions in federal district court, and he has served as counsel of record for an amicus curiae in the Supreme Court of the United States.
Prior to rejoining the firm in 2022, Mr. Fox clerked for the Honorable Leonard P. Stark of the US District Court for the District of Delaware. Mr. Fox previously clerked for the Honorable Richard G. Taranto of the US Court of Appeals for the Federal Circuit.
While pursuing his legal education, Mr. Fox was a student attorney for the Criminal Appellate Practice Clinic at the University of Michigan Law School. He was also a summer associate at a large law firm in New York, NY and a legal intern at a medical device company in Alameda, CA.
Publications
- Gary M. Fox, Suggestions for State Laws on Biosimilar Substitution, 24 Mich. Telecom. & Tech. L. Rev. 253 (2018)
- Gary M. Fox, Understanding Nautilus’s Reasonable-Certainty Standard: Requirements for Linguistic and Physical Definiteness of Patent Claims, 116 Mich. L. Rev. 329 (2017)
Experience
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Patent Appeals
- Qualcomm Inc. v. Intel Corp. (Fed. Cir. 2024): Mr. Fox was one of the principal drafters of two briefs for Intel in consolidated appeals from six inter partes reviews. He and his colleagues persuaded the Federal Circuit to affirm the unpatentability of all challenged patent claims as obvious over the prior art.
- Speck v. Bates (Fed. Cir. 2024): In an appeal from a rare interference proceeding, Mr. Fox helped to secure the reversal of a Board decision canceling his client’s patent claims. The appeal generated a precedential opinion regarding the proper interpretation of a statutory time bar.
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Voting Rights
- Republican National Committee v. North Carolina State Board of Elections (4th Cir. 2024): Mr. Fox represented the Democratic National Committee in an expedited appeal leading up to the 2024 general election. After a federal district court declined to exercise jurisdiction over a state constitutional claim, Mr. Fox helped to obtain reversal of the order remanding that claim to state court on two independent bases.
- Democratic National Committee v. North Carolina State Board of Elections (M.D.N.C. 2024): Also on behalf of the DNC, Mr. Fox and his colleagues convinced a federal district court to preliminarily enjoin a key portion of a North Carolina law that would have resulted in completed ballots being discarded without any notice to affected voters.
- Republican National Committee v. Benson (W.D. Mich. 2024): Mr. Fox assisted in drafting an amicus curiae brief for the DNC, which explained how the Michigan Secretary of State complied with her obligations under the National Voter Registration Act. The district court subsequently dismissed the plaintiffs’ case against the Secretary.
Insights & News
Credentials
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Education
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JD, University of Michigan Law School, 2018
magna cum laudeOrder of the Coif, Jack C. Radcliffe, Jr. Award
Articles Editor, Michigan Law Review
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AB, Chemistry, Princeton University, 2013
cum laude Francis LeMoyne Page Theater Award
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Admissions
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District of Columbia
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New York
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US Supreme Court
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US Court of Appeals for the Federal Circuit
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US Court of Appeals for the Fourth Circuit
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US District Court for the District of Columbia
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US District Court for the Western District of Michigan
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US Patent and Trademark Office
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Clerkships
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The Hon. Leonard P. Stark, US District Court for the District of Delaware, 2021 - 2022
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The Hon. Richard G. Taranto, US Court of Appeals for the Federal Circuit, 2018 - 2019
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Credentials
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Education
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JD, University of Michigan Law School, 2018
magna cum laudeOrder of the Coif, Jack C. Radcliffe, Jr. Award
Articles Editor, Michigan Law Review
-
AB, Chemistry, Princeton University, 2013
cum laude Francis LeMoyne Page Theater Award
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Admissions
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District of Columbia
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New York
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US Supreme Court
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US Court of Appeals for the Federal Circuit
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US Court of Appeals for the Fourth Circuit
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US District Court for the District of Columbia
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US District Court for the Western District of Michigan
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US Patent and Trademark Office
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Clerkships
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The Hon. Leonard P. Stark, US District Court for the District of Delaware, 2021 - 2022
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The Hon. Richard G. Taranto, US Court of Appeals for the Federal Circuit, 2018 - 2019
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