Cerrito, F. Dominic

Current Employment Position(s)

Partner

Lawyer Overview

Nick Cerrito's practice focuses on Hatch-Waxman litigation and client counseling in the pharmaceutical industry, with an emphasis on creating strategies at the interface of patent and FDA laws. He has represented large innovator pharmaceutical companies, established biotechnology companies, and start-ups. Nick's practice also includes transactional work and due diligence in the areas of pharmaceutical product acquisition, strategic planning, and patent prosecution strategies.

Nick is currently representing the patentee for Namenda®, a product approved for the treatment of Alzheimer's disease, which has annual revenues in excess of a billion dollars. He is also lead counsel for the patentee in Hatch-Waxman cases relating to Thalomid®, Skelaxin®, and Avinza®. Nick's past representations include Altace®, Oxycontin®, Cardizem®, and Sonata®. As co-lead trial counsel, he successfully represented the only defendant to prevail in the first-wave Prilosec® litigation, at that time the largest pharmaceutical litigation ever. In connection with Duricef®, Nick was part of the litigation team that established for the first time that the in vivo conversion of a drug into a patented compound can be an act of patent infringement.

Nick is co-head of the Firm's pharmaceutical group. He has been an invited lecturer at numerous conferences focusing on the Hatch-Waxman Act and on pharmaceutical litigation and pharmaceutical patent strategies.

Nick was previously a partner at Pennie & Edmonds LLP.

Areas of Practice

• Intellectual Property
• Patent Litigation
• Patent Prosecution
• Life Sciences
• Pharmaceuticals

Representative Cases

• Abbott agrees to acquire Facet Biotech for $722 million , (2010)
• Ben Venue Laboratories defends against litigation involving Aredia® under Hatch-Waxman Act
• Bristol-Myers Squibb defends against action concerning Duracef® (cefadroxil) , (2009)
• Esperion Therapeutics defends against patent infringement claims involving cholesterol reducing agents
• Inspired Surgical Technologies builds global patent portfolio for nuclear magnetic resonance systems
• King acquires drugs Sonata® and Skelaxin® from Elan PLC , (2009)
• King and Aventis file patent infringement suit against generic drug maker Lupin involving methods of using Altace®
• King and Aventis Pharma win injunction against Lupin, barring generic competition of high blood pressure and heart treatment drug Altace®
• King files patent infringement suit over generic version of Levoxyl®
• King files patent infringement suit over generic version of Skelaxin®
• King Pharmaceuticals develops strategic alliance with Palatin Technologies
• King Pharmaceuticals faces Item Development AB in patent interference involving myocardial dysfunction , (2009)
• King Pharmaceuticals hits Eon Labs with a patent infringement suit involving Skelaxin®
• King Pharmaceuticals launches patent infringement action regarding Avinza® , (2010)
• King Pharmaceuticals pursues patent infringement action against Cobalt Pharmaceuticals regarding Altace®
• King Pharmaceuticals pursues patent infringement action involving Levoxyl® against KV Pharmaceuticals
• King Pharmaceuticals pursues patent infringement claims against Barr involving Prefest®
• King Pharmaceuticals pursues patent litigation action against generic-drug maker Teva over Sonata®
• King Pharmaceuticals pursues patent litigation claims involving Skelaxin® against CorePharma
• LeaRonal wins in DJ patent case involving industrial chemical technology
• Lubrizol wins noninfringement verdict on appeal in suit brought by Exxon involving oil additives
• Marion Merrell Dow launches infringement litigation involving patents relating to Seldane®
• Marion Merrell Dow pursues patent infringement action regarding Cardizem® (diltiazem) extended release technology
• Meridian develops global patent portfolio for auto-injector drug delivery systems
• Purdue Pharma launches patent litigation involving sustained release morphine drug McContin® , (2009)
• Purdue Pharma pursues patent infringement charges against generic-drug maker over oxycodone formulations , (2009)
• Schwarz Pharma pursues patent infringement action against Paddock Labs
• Schwarz Pharma pursues patent infringement suit involving Univasc® against generic drug maker Teva
• Tanabe Seiyaku asserts action against generic manufacturers concerning Cardizem® technology

West Practice Categories

Copyrights, Intellectual Property Law, International Intellectual Property, Patent Litigation, Patents, Technology Licensing, Trade Dress, Trade Secrets, Trademarks

Bar Admissions

• New York

Education

• Case Western Reserve Univ
• New York Law School

Address

222 East 41st Street
New York, NY 10017-6702

Phones

1.212.326.3413 (Business Phone)

Faxes

1.212.755.7306 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com