Graham has substantial and varied experience in the patent field, including testifying before Congress and speaking before the U.S. Justice Department and Federal Trade Commission on patent issues. IAM Magazine included him on its list of the world's 300 leading IP strategists every year since 2012. He has been named one of the Top 100 Lawyers in Illinois and, for the last four years, designated as a Super Lawyer. He also is a frequent speaker, both at conferences and in the press, on IP issues. And he has been retained as an expert witness in a case involving the antitrust aspects of patent enforcement.
Graham works on all aspects of clients’ efforts to monetize patents, including litigation, licensing, and sales. In 2015, he led his firm's efforts in taking over a patent-related ITC case late in discovery for a client facing nineteen different parties and unfavorable circumstances, turned that case around, and resolved the litigation through favorable settlements. Another of Graham’s notable achievements was the successful sale of two patent portfolios on behalf of his client, Aware, Inc., for a combined $91 million. Aware's market capitalization immediately prior to the announcement of these transactions was just $77 million.
He is experienced with many technologies, including telecommunications, consumer electronics, digital imaging, data networking, optical transmission, computer architecture, circuits and semiconductors, software, textile manufacturing, and biotechnology.
Immediately before joining Global IP, Graham served as Senior Counsel to the Deputy Attorney General at the U.S. Department of Justice. In that position, he vice-chaired the Justice Department’s Task Force on Intellectual Property and was appointed Deputy U.S. Coordinator for International Intellectual Property Enforcement. He also managed a portfolio of technology-related and national-security issues for the Deputy Attorney General, including computer forensics, information sharing, biometric data collection and management, and the Department’s participation in the Committee on Foreign Investment in the U.S. (CFIUS), the body that reviews foreign acquisitions of U.S. technology for national-security concerns. Graham held the U.S. government's highest level of security clearance. Finally, during his tenure, Graham was appointed Special Assistant U.S. Attorney in the District of Columbia and was lead counsel on multiple successful criminal jury trials.
Before that experience, Graham spent nine years in the Intellectual Property group at Kirkland & Ellis LLP, where he was a patent litigation partner.
Graham received a J.D., cum laude, from the University of Chicago law school, where he was an editor on the University of Chicago Law Review. After law school, he clerked for Judge E. Grady Jolly on the U.S. Court of Appeals for the Fifth Circuit. Graham received his B.A., with honors and cum laude, from Williams College.
Mr. Gerst’s legal activities outside of the office include serving on the Board of Directors of Metropolitan Family Services and the Chicago Foundation for Education (former Chair). He also taught trial advocacy at the University of Chicago Law School and is a member of the Economic Club of Chicago.