Mr. Cerwinski’s recent work includes representing:
- Celltrion in BPCIA litigation concerning Celltrion’s biosimilar to Herceptin. Genentech v Celltrion (D. Del.)
- Celltrion in BPCIA litigation concerning Celltrion’s biosimilar to Rituxan. Genentech v Celltrion (D.N.J.)
- Celltrion in Inter Partes Review proceedings in the USPTO concerning patents relating to trastuzumab and rituximab.
- Fresenius in Inter Partes Review proceedings in the USPTO concerning patents relating to filgrastim and pegfilgrastim.
- Fresenius in Post Grant Review proceedings in the USPTO concerning a patent relating to adalimumab.
- Actavis in Hatch-Waxman patent infringement litigation concerning Actavis’s generic equivalent to Noxafil®, an antibiotic. A favorable settlement was obtained after trial. Merck v. Fresenius (D. Del.)
- Dr. Reddy’s in Hatch-Waxman patent infringement litigation concerning DRL’s generic equivalent to Suboxone®, an anti-addiction product. A judgment of non-infringement was obtained after trial. Indivior v. DRL (D. Del.)
- Fresenius in Hatch-Waxman patent infringement litigation concerning Fresenius’s generic equivalent to Cubicin®, an antibiotic. A favorable settlement was obtained before trial. Cubist v. Fresenius (D. Del.)
- Actavis in Hatch-Waxman patent infringement litigation concerning Actavis’s generic equivalent to Staxyn®, an ED medication. A judgment of patent invalidity was obtained after an appeal to the Federal Circuit. Bayer v. Actavis (D. Del.)
- Teva in Hatch-Waxman patent infringement litigation concerning Teva's generic equivalent to Pfizer's Atelvia®, an osteoporosis medication. Warner Chilcott v. Teva Pharmaceuticals (D.N.J.)
- Teva in Hatch-Waxman patent infringement litigation concerning Teva's generic equivalent to Pfizer's Neurontin®, an epilepsy medication. A favorable settlement was obtained during jury trial. Warner-Lambert v. Teva Pharmaceuticals (D.N.J.)
- Teva in Hatch-Waxman litigation concerning Teva's generic equivalent to OxyContin®, an opioid pain medication. A judgment of patent invalidity was obtained after trial. A favorable settlement was obtained prior to trial. Purdue Pharma v. Teva Pharmaceuticals (S.D.N.Y.)
- Teva in a patent infringement action concerning Teva's generic equivalent to Biaxin®, an antibiotic. A favorable settlement was obtained while summary judgment motion was pending. Abbott Laboratories v. Teva Pharmaceuticals (N.D. Ill.)
- Teva in patent infringement action concerning Teva's generic equivalent to Biaxin XL®, an antibiotic. A favorable settlement was obtained after the Federal Circuit vacated a preliminary injunction. Abbott Laboratories v. Teva Pharmaceuticals (N.D. Ill.)
- Teva in a patent infringement action concerning Teva's generic equivalent to Augmentin®, an antibiotic. Seven patents were invalidated in two summary judgment motions and a bench trial. Teva Pharmaceuticals v. GlaxoSmithKline (E.D. Va.)
- Teva in a patent infringement action involving Teva's equivalent to Wellbutrin®, an antidepressant. A favorable settlement was obtained. Glaxo Wellcome v. Teva Pharmaceuticals (D. Del.)
- Teva in Hatch-Waxman litigation concerning Teva's equivalent to Zithromax®, an antibiotic. A favorable settlement was obtained while summary judgment motions were pending. Teva Pharmaceuticals v. Pfizer (S.D.N.Y.)
- Breckenridge in a patent infringement action involving Breckenridge's sulfatol acne medication. A favorable settlement was obtained. Bradley Pharmaceuticals v. Breckenridge Pharmaceutical (D.N.J.)
- Teva in Hatch-Waxman litigation concerning generic equivalents to Allegra® and Allegra-D 12 Hour® allergy medications. The case settled after a preliminary injunction was denied and summary judgments of non-infringement and invalidity were obtained. Aventis and AMR v. Teva Pharmaceuticals (D.N.J.)
- Estée Lauder in a patent infringement litigation concerning cosmetic emulsions. A favorable settlement was obtained. Revlon v. Estée Lauder (S.D.N.Y.)
- Faulding in patent infringement litigation concerning Cardizem CD®, a hypertension medication. A favorable settlement was obtained. Hoechst Marion Roussel v. Faulding (D.N.J.)
- American Home Products and Takeda Chemical Industries in a patent infringement litigation concerning acellular pertussis vaccines. Summary judgment of non-infringement was obtained. Evans Medical v. American Cyanamid (S.D.N.Y.)
Professional Activities
Mr. Cerwinski is a member of the New York City Bar Association, the New York State Bar Association, the New York Intellectual Property Law Association, the American Intellectual Property Law Association and the American Bar Association.
Professional Experience
Prior to joining Goodwin in 2014, Mr. Cerwinski was a partner at Kenyon & Kenyon in New York City.