Nicolas G. Barzoukas is a partner in Reed Smith’s IP, Tech & Data Group. He focuses on patent litigation in the pharmaceutical field, but has also litigated patents related to chemistry, electronics, biotechnology, medical devices, lasers and mechanical systems.
Nic participates in all facets of litigation, from initial case development through trial and appellate representation. He has been involved in all aspects of discovery, and has conducted Markman hearings, opening statements, witness presentation, closing arguments and appellate arguments before the Federal Circuit. Additionally, he has often coordinated the strategy and conduct of foreign corresponding trials related to cases co-pending in the United States.
Nic also organized and taught the patent litigation course at The University of Texas School of Law from 2008 to 2011 as an adjunct faculty member. In addition to litigation matters, Nic also counsels clients on intellectual property enforcement matters, defensive and offensive litigation strategy, freedom to operate analysis, settlement negotiations, and licensing. He has also directed complex proceedings before the Patent Office involving challenges to asserted patents.
- University of Texas School of Law, 1992, J.D.
- Baylor University, 1989, MBA
- Baylor University, 1986, B.S., Biochemistry
Professional Admissions & Qualification :
- U.S. Patent and Trademark Office
Court Admissions :
- U.S. Supreme Court
- U.S. Court of Appeals – Federal Circuit
- U.S. District Court – Southern District of Texas
- U.S. District Court – Eastern District of Texas
- Merck & Co., Inc. v. Teva Pharmaceuticals, Inc. – tried the case asserting the patent protecting one of the company’s top blockbuster drugs– Singulair® — received judgment of infringement and defended against the generic’s allegations of invalidity and unenforceability. The judgment was never appealed.
- Merck Sharp & Dohme Corp. v. Apotex Inc. – tried the case asserting a patent protecting the crystalline form of the active ingredient for Nasonex® and defended a multifaceted attack on the patent’s validity. This product enjoyed 19 years of protection.
- Schering Corporation v. Teva Pharmaceuticals, Inc. – after taking over a case at the appellate phase, received a reversal at the Federal Circuit of the district court’s judgment finding the patent protecting Temodar® unenforceable on grounds of inequitable conduct and prosecution laches.
- Worked with the Innocence Project of New York representing a client in his application for parole, based upon innocence, stemming from a wrongful conviction in 1985, and gained his release in 2007. “Cell Door to Open in Lost-DNA Case,” by Miles Moffeit, Denver Post November 17, 2007
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