Nick Cerrito is the Co-Chair of the firm’s National Life Sciences Practice. His 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. Mr. Cerrito's practice also includes, IPR’s/CBM’s, transactional work and due diligence in the areas of pharmaceutical product acquisition, strategic planning, and patent prosecution strategies.
Mr. Cerrito has represented and continues to represent the patentees for Revlimid, a product approved for the treatment of Multiple Myeloma, which has annual revenues in excess of $8 billion dollars. He is also lead counsel for the patentee in Hatch-Waxman cases relating to Abraxane®, Xyrem®, and Pomalyst® among others. Nick's past representations have also included Namenda®, Altace®, Avinza® Oxycontin®, Moexipril®, Skelaxin®, Cardizem®, Sonata®, Itsodax®, Qysima® and Thalomid®. 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.
Nick has been voted by his peers as a Best Lawyer in America 2010-2021 and by his clients as a BTI Consulting “Client Service All Star.” Nick has also been elected to Who’s Who Legal - Patents 2010, 2012-2019 and was included in the 2020 Edition of Best Lawyers.
Mr. Cerrito has been an invited lecturer at numerous conferences focusing on the Hatch-Waxman Act and on pharmaceutical litigation and pharmaceutical patent strategies.
- Avanir Pharmaceuticals
- Celgene Corporation
- Gilead Sciences, Inc.
- Jazz Pharmaceuticals
- King Pharmaceuticals/Pfizer, Inc.
- Merz Pharmaceuticals GmbH
- Schwarz Pharma Inc./UCB
- Vivus, Inc.
- Representation of Avanir Pharmaceuticals, Inc. in winning a bet-the-company Hatch Waxman infringement action for its sole product Nuedexta® gaining 12 years of exclusivity.
- Representation of Celgene Corporation in Hatch-Waxman infringement action involving Revlimid® ($4B in sales), Celgene's treatment for multiple myeloma.
- Representation of Merz Pharmaceuticals in Hatch-Waxman infringement action concerning Namenda® ($1.2B in sales) used for treating Alzheimer's. Obtained favorable settlement with 14 defendants after Markman victory.
- Representation of King Pharmaceuticals in Hatch-Waxman infringement action involving Sonata®, a sleep aid. Obtained a summary judgment that the patent was valid and infringed.
- Representation of Schwarz Pharma regarding it's ACE inhibitor Moexipril in Hatch Waxman Patent infringement suit. Obtained a bench ruling the patent was valid and infringed.
- Defending King Pharmaceuticals regarding its musculoskeletal relaxant, Skelaxin®. Obtained summary of non-infringement.
- Representation of Jazz Pharmaceuticals in a Hatch-Waxman patent infringement case regarding its Xyrem® product used for the treatment of narcolepsy.
- Representation of Celgene Corporation regarding its Thalomid® product used for the treatment of multiple myeloma. Obtained a "walk-away" from defendant.
- Defending Schwarz Pharma regarding its Omeprazole (Prilosec®) product ($6B in sales). Obtained a bench ruling of non-infringement.
- New York Law School
- Case Western Reserve University
(B.S., Chemistry, 1988)
- United States Air Force Academy, Colorado Springs
- The State Bar of New York
- United States Court of Appeals:
- Federal Circuit
- Second Circuit
- United States District Courts:
- Southern District of New York
- Northern District of New York
- Eastern District of New York
- Northern District of California
- District of Wisconsin
- Registered to Practice Before the United States Patent and Trademark Office
- Jones Day:
- Partner, 2004-2012
- Partner, 2004-2012
- Pennie & Edmonds LLP:
- Partner, 2000-2004
- Associate, 1991-2000
- Recognized by The Best Lawyers in America in both IP and Patent litigation and Patent Law, 2010-2021
- Ranked in Who’s Who Legal under Patents, 2010, 2012-2019
- Recognized by IAM Patent 1000 as one of "The World's Leading Patent Practitioners," 2017
- Named a LMG Life Sciences All Star, 2017
- Recipient of the BTI Client Services All-Star Award
- Recognized by The International Who's Who of Patent Lawyers, 2013
- Member, NY Intellectual Property Law Association