EXPERIENCE

PATENT LITIGATION

In the past few years, Eric has focused his patent practice principally in the biotechnology and pharmaceutical areas, including representing innovators under the Biologics Price Competition and Innovation Act of 2009 and the Hatch-Waxman Act. Some of his matters include representing:

• Genentech in litigations involving the bispecific antibody HEMLIBRA® (emicizumab-kxwh), approved to treat Hemophilia A, the anti-PD-L1 antibody TECENTRIQ® (atezolizumab), the foundational Cabilly patent teaching methods of creating antibodies using recombinant DNA techniques, and chromatographic techniques to purify antibodies;
• Chugai Pharmaceuticals in IPR proceedings and in defending against generic-drug challenges;
• Cabaret Biotech Ltd. in an action defending the validity of Cabaret’s patent on a pathbreaking cancer therapy called CAR-T, and in a related arbitration;
• Amgen in BPCIA litigation involving applications for FDA approval of biosimilars to Amgen’s NEULASTA® and NEUPOGEN®;
• Biogen in litigation regarding recombinant beta interferon;
• Vanda Pharmaceuticals in Hatch-Waxman litigation regarding proposed generic versions of Vanda’s FANAPT® (iloperidone) and HETLIOZ® (tasimelteon); and
• Craig Thompson, M.D., the President of the Memorial Sloan Kettering Cancer Center, in litigation regarding his work in cancer metabolism.

Eric is an adjunct professor at the New York University School of Law where he teaches patent litigation. Eric is also an author of a regular column for the New York Law Journal on intellectual property litigation.

COMMERCIAL LITIGATION

Eric is also a general commercial litigator, trying cases and representing clients in state and federal courts across the country, and arbitrations here and overseas. Significant representations include:

• The American Society of Composers, Authors and Publishers (ASCAP) in a trial to set the royalty for musical compositions played by the online service Pandora;
• Liz Elting, co-founder of TransPerfect Translations, in sanctions proceedings against her fellow co-founder based on his conduct before and during the litigation;
• The Alaska Retirement Management Board, trustee of Alaska’s public pension plans, in a suit against the state’s former actuary;
• IBM in employment litigation;
• Several private equity funds in litigation regarding the purchase or sale of portfolio companies, and in litigation for those portfolio companies; and
• A law firm in connection with allegations arising out of the settlement of pharmaceutical litigation.

PRO BONO LITIGATION

Eric is a Trustee of the Lawyers Committee for Civil Rights Under Law. His pro bono representations include:

• The New York City Board of Correction in connection with its Minimum Standards that govern the City's jails;
• A class of New York state's blind and severely visually impaired prison inmates in challenging the conditions of their confinement;
• Five binational, same-sex couples in challenging the constitutionality of the Defense of Marriage Act; and
• Persons living with HIV in actions for wrongful disclosure of their confidential medical information.

Eric was a notes and comments editor of the New York University Law Review and was elected to the Order of the Coif.  Before law school, Eric participated in the New York City Urban Fellows program, working at the New York City Department of Correction.