Darren S. Mogil’s practice includes patent litigation, with particular emphasis on pharmaceutical and ANDA cases, patent prosecution matters, licensing and opinion work. He has worked in all aspects of intellectual property law, including patent, trademark and copyright law, and also has experience in insurance defense litigation.
Darren is admitted to the bars of the State of New York, the Southern and Eastern Districts of New York, and the Eastern District of Texas, and to practice before the U.S. Department of Veterans Affairs and the United States Patent and Trademark Office. He has worked on patent matters concerning a wide range of technical areas, such as chemical, pharmaceutical, electronics and mechanical.
In the pharmaceutical area, he has been involved in a number of Hatch-Waxman/ANDA litigations concerning various pharmaceuticals such as propofol, metaxalone and fexofenadine. Darren also has worked on appellate matters before the United States Court of Appeals for the Federal Circuit.
Darren graduated cum laude and Phi Beta Kappa with a B.A. in chemistry from Hofstra University in 1998. He received his J.D. degree from St. John’s University School of Law in 2001.
- Represented Sandoz Inc. in King and Mutual v. Sandoz, 08-5974 (D.N.J.), in which Sandoz was alleged to infringe a patent concerning the muscle relaxant Skelaxin®. After an eight-day jury trial, the jury found the patent both invalid and not infringed. Both King and Mutual appealed, but then withdrew their appeal after Sandoz filed its appellate brief.
- Represented Ben Venue Laboratories, Inc. in Ben Venue Laboratories, Inc. d/b/a Bedford Laboratories v. Hospira, Inc., 05-1787 (N.D. Ohio).
- Won a judgment of non-infringement of multiple patents directed toward vehicular tilt control apparatuses on behalf of a German auto parts maker. These judgments were affirmed by the U.S. Court of Appeals for the Federal Circuit, which agreed with our arguments that intrinsic evidence and the prosecution history supported the district court’s constructions of the claim terms at issue and finding of non-infringement based thereon.
- St. John’s University School of Law, J.D., 2001
- Hofstra University, B.A., cum laude, 1998
BAR ADMISSIONS : New York; United States Patent and Trademark Office
COURT ADMISSIONS :
- New York Court of Appeals
- U.S. District Court — Eastern District of New York
- U.S. District Court — Southern District of New York
AFFILIATIONS : New York State Bar Association
Rate : $$$$