Marilyn Neiman

Cozen O'Connor PC

$ $$$

Broadway 45
New York 10006 NY US

Marilyn Neiman is a litigator and registered patent attorney with extensive experience in patent litigation from the inception of a case through trial, settlement or disposition by motion practice. Marilyn has been counsel in many patent, trademark and copyright cases throughout the United States, as well as commercial cases.

A significant portion of her work includes patent litigations under the Hatch-Waxman Act. Marilyn has extensive experience litigating highly specialized Hatch-Waxman statutory patent infringement actions involving pharmaceutical drugs, including acetylcysteine, bosutinib, cinacalcet, fexofenadine, fulvestrant, metaxalone, plerixafor, and zoledronic acid.

She also has extensive appellate experience before federal appellate courts. In addition to her litigation practice, Marilyn counsels clients concerning the protection of their intellectual property rights, including providing patent validity and infringement opinions.

She has represented generic pharmaceutical companies, as well as many other companies involved in a wide range of products and services, including construction equipment, internet technology, and robotic surgery. She represents both patentees and accused infringers.

She is a member of the New York County Lawyers’ Association and its Federal Courts Committee. She has a bachelor’s degree in biology from Cornell University, attended two years of medical school at the College of Medicine and Dentistry of New Jersey (passing Part I of the National Medical Boards) and has a law degree from Pace University School of Law.

EXPERIENCE :

  • Metrokane, Inc. v. Wine Enthusiast, 160 F. Supp. 2d 633 (S.D.N.Y. 2001) (granting defendants’ motion to dismiss plaintiff’s trade dress and unfair competition claims)
  • Metso Paper, Inc. v. Enerquin Air Inc., No. 06-C-1170, 2008 U.S. Dist. LEXIS 111081 (E.D. Wis. July 23, 2008) (claim construction decision)
  • Cumberland Pharm., Inc. v. Sagent Agila LLC, No. 12-825-LPS, 2013 U.S. Dist. LEXIS 156834 (D. Del. Nov. 1, 2013) (granting motion to dismiss patent infringement claim)
  • Emblaze Ltd. v. Apple Inc., No. 5:11-cv-01079-PSG, 2014 U.S. Dist. LEXIS 144197 (N.D. Cal. Oct. 9, 2014) (claim construction order)
  • Amgen Inc. v. Aurobindo Pharma, Ltd., No. 16-853-GMS, 2018 U.S. Dist. LEXIS 31299 (D. Del. Feb. 27, 2018) (patent claim construction and evidentiary rulings)
  • Represented Sagent Agila against Cumberland in the District of Delaware. Achieved dismissal of complaint for patent infringement after proving the client’s ANDA contained a substance excluded by the patent claims.
  • 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 Metso Paper, Inc. as plaintiff for patent infringement against Enerquin Air on a patent covering a blow box used on machines for making paper. After a favorable court decision construing the claims of the patent, the defendant settled on favorable terms.

EDUCATION :

  • Pace University School of Law, J.D., 1979
  • Cornell University, B.S., 1974

BAR ADMISSIONS :

  • New Jersey
  • New York
  • United States Patent and Trademark Office

COURT ADMISSIONS :

  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court — Eastern District of New York
  • U.S. District Court — Southern District of New York
  • U.S. Supreme Court

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Broadway 45
New York 10006 NY US
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  • Metrokane, Inc. v. Wine Enthusiast, 160 F. Supp. 2d 633 (S.D.N.Y. 2001) (granting defendants’ motion to dismiss plaintiff’s trade dress and unfair competition claims)
  • Metso Paper, Inc. v. Enerquin Air Inc., No. 06-C-1170, 2008 U.S. Dist. LEXIS 111081 (E.D. Wis. July 23, 2008) (claim construction decision)
  • Cumberland Pharm., Inc. v. Sagent Agila LLC, No. 12-825-LPS, 2013 U.S. Dist. LEXIS 156834 (D. Del. Nov. 1, 2013) (granting motion to dismiss patent infringement claim)
  • Emblaze Ltd. v. Apple Inc., No. 5:11-cv-01079-PSG, 2014 U.S. Dist. LEXIS 144197 (N.D. Cal. Oct. 9, 2014) (claim construction order)
  • Amgen Inc. v. Aurobindo Pharma, Ltd., No. 16-853-GMS, 2018 U.S. Dist. LEXIS 31299 (D. Del. Feb. 27, 2018) (patent claim construction and evidentiary rulings)
  • Represented Sagent Agila against Cumberland in the District of Delaware. Achieved dismissal of complaint for patent infringement after proving the client’s ANDA contained a substance excluded by the patent claims.
  • 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 Metso Paper, Inc. as plaintiff for patent infringement against Enerquin Air on a patent covering a blow box used on machines for making paper. After a favorable court decision construing the claims of the patent, the defendant settled on favorable terms.
EDUCATION :
  • Pace University School of Law, J.D., 1979
  • Cornell University, B.S., 1974
BAR ADMISSIONS :
  • New Jersey
  • New York
  • United States Patent and Trademark Office
COURT ADMISSIONS :
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- Southern District of New York
  • U.S. Supreme Court
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