Hon. Allan van Gestel (Ret.)

T: 617-228-0200
F: 617-228-0222
Available nationwide
Intellectual Property

A retired Justice of the Massachusetts Superior Court, where for seven years he was the first and managing Justice in that Court’s new Business Litigation Session, with 35 years of private practice as a trial lawyer in a major Boston law firm, followed by three years at JAMS, Judge van Gestel has confronted a significant number of complex intellectual property issues as a trial lawyer, judge, mediator and arbitrator.

Representative Matters

  • Litigated, adjudicated, mediated and arbitrated numerous matters involving misappropriation of trade secrets and confidential business information, non-competition and non-solicitation claims 
  • Litigated, adjudicated, mediated and arbitrated rights and obligations involving intellectual property licensing and related agreements
  • Litigated, adjudicated, mediated and arbitrated complex contractual agreements relating to intellectual property matters 
  • Litigated, adjudicated, mediated and arbitrated claims relating to the performance of agreements involving the design and implementation of software and hardware installations and upgrades
  • Litigated, adjudicated, mediated and arbitrated claims relating to consulting agreements involving the development of computer software and hardware programs in a variety of institutional and commercial settings
  • Litigated, adjudicated, mediated and arbitrated claims relating to ownership and entitlements to ownership involving copyrights and patent rights in a variety of institutional and commercial settings
  • Arbitrated, as the sole arbitrator, competing claims between a full service hosting company providing co-location services and the developer of nearly a billion dollar redundant data processing and servicing center to be operated a major Federal agency
  • Provided neutral evaluation of claims and damages relating to the conception, design and ownership rights to what is now the pre-eminent social network program in the world

Honors, Memberships, and Professional Activities

  • Recipient, Samuel E. Gates Litigation Award, American College of Trial Lawyers, 2015
  • Fellow in the American College of Trial Lawyers since 1979
  • Fellow and Founding Member in the American College of Business Court Judges
  • Recipient of the Silver Shingle Award from Boston University School of Law for Distinguished Service to the Profession
  • Recipient of the Boston Bar Association Citation of Judicial Excellence, 2002
  • Recipient of the Massachusetts Lawyers Weekly 2003 Judicial Excellence Award
  • Recipient, Haskell Cohn Distinguished Judicial Service Award, Boston Bar Association
  • Former chair, Standing Advisory Committee on the Massachusetts Rules of Civil Procedure

Background and Education

  • Associate Justice, Massachusetts Superior Court, 1996-2008
  • Associate and Partner, Trial Department, Goodwin, Procter & Hoar, 1961-1996
  • LL.B., Boston University School of Law, 1961 (editor, Boston University Law Review)
  • B.A., Colby College, 1957

Disclaimer

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