EXPERIENCE

PATENT LITIGATION

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

• Amgen in BPCIA litigation involving applications for FDA approval of biosimilars to Amgen's NEULASTA®, NEUPOGEN®, and EPOGEN® products. 
• Genentech in litigation over a foundational patent teaching methods of creating antibodies using recombinant DNA techniques, and in litigation over chromatographic techniques to purify antibodies;
• Biogen in litigation regarding recombinant beta interferon;
• Vanda Pharmaceuticals in Hatch-Waxman litigation regarding proposed generic versions of Vanda's FANAPT® (iloperidone);
• Life Technologies (now ThermoFisher) in litigation regarding DNA-sequencing devices and reagents; 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.  He has significant experience in employment and pension litigation, corporate-control litigation, product liability, insurance coverage, and professional malpractice.  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;
• AIG in litigation with its former chairman;
• 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.