Don J. Mizerk: Lawyer with Husch Blackwell LLP

Don J. Mizerk

Partner
Chicago,  IL  U.S.A.
Phone312.526.1546

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Healthcare, Life Sciences & Pharmaceuticals
  • Antitrust & Unfair Competition
  • Appellate
  • Business Litigation
  • Intellectual Property
  • Intellectual Property Litigation
  • Life Sciences
  • Product Liability
 
Contact InfoTelephone: 312.526.1546
Fax: 312.655.1501
http://www.huschblackwell.com/don-mizerk
 
University Illinois Wesleyan University, B.A., Political Science, magna cum laude, highest research honors, 1985
 
Law SchoolVanderbilt University Law School, J.D., 1988 Order of the Coif, Vanderbilt Law Review, Senior Articles Editor, 1987-1988
 
Admitted1988, Illinois; 2000, California; 1989, U.S. District Court, Northern District of Illinois; 1989, U.S. Court of Appeals, Sixth Circuit; 1992, U.S. Supreme Court; 1997, U.S. Court of Appeals, Federal Circuit; 2003, U.S. Court of Appeals, Seventh Circuit; 2004, U.S. District Court, Central District of California; 2005, U.S. District Court, Northern District of Illinois (Trial Bar); 2011, U.S. District Court, Northern District of California
 
Memberships 

Professional Associations and Memberships

American Prosecutors Research Institute, Bias Crime Project Advisory Committee, Board of Directors, 1995-1999

•Federal Circuit Bar Association

•Illinois Attorney General's Office, transition team, 1994-1995

•National District Attorneys Association, Board of Directors, 1996-1997

 
Biography

An experienced litigator of patent infringement and other intellectual property and commercial cases, Don helps clients navigate the rules of a complex regulatory environment in order to reach their business goals.

A member of the firm's Healthcare, Life Sciences & Pharmaceuticals industry team, Don has extensive experience at the trial and appellate level litigating highly specialized Hatch-Waxman statutory patent infringement and other actions involving prescription pharmaceutical drugs. These pharmaceuticals have included Wellbutrin XL (bupropion), Intuniv (guanfacine), Megace ES (megestrol acetate), Dexilant (dexlansoprazole), Lidoderm (lidocaine), Ambien CR (zolpidem), Intermezzo (zolpidem), Livalo (pitavastatin), Strattera (atomoxetine), Adderall XR (mixed amphetamine salts), Clarinex (desloratadine), Amrix (cyclobenzaprine), Enablex (darifenacin), Cymbalta (duloxetine), Luvox CR (fluvoxamine), Ryzolt (tramadol), Keppra XR (levetiracetam), Mirapex ER (pramipexole), Requip XL (ropinirole), and Wellbutrin SR/Zyban (bupropion).

Among Don's considerable patent litigation forums are injunction hearings, Markman proceedings, trials, and appeals to the U.S. Court of Appeals, Federal Circuit. He has represented clients in patent cases involving a wide range of technologies, including pharmaceuticals, aluminum alloys, silicon on insulator manufacturing, computer software and ergonomic computer accessories. He also has significant appellate experience and has argued many cases before federal and Illinois courts.

Don is a member of Husch Blackwell's Partner Board. Before joining the firm, he was Chief Assistant State's Attorney in the Cook County State's Attorney's Office.

Awards and Recognitions

Martindale-Hubbell AV Preeminent

Illinois Leading Lawyer, Intellectual Property, 2013

Civic Involvement

Illinois Motor Vehicle Theft Prevention Council, Grant Review Committee, 1993-1996

•Illinois Wesleyan University, Chicago Leadership Council, 1991-1996, 2005-present

•Near North Montessori School, Board of Directors, 2012-2013

Clerkships

The Hon. Harry W. Wellford, U.S. Court of Appeals, Sixth Circuit, 1988-1989

Experience

•Represented TWi Pharmaceuticals, Inc. in a patent infringement case alleging its generic version of Par Pharmaceutical's Megace ES infringed Alkermes' (formerly elan) patent for nanocrystal megestrol acetate. After a seven day bench trial, the court entered judgment for TWi in February 2014 finding Alkermes' patent invalid as obvious. Par Pharm., et al. v. TWi Pharm., 2014 WL 694976 (D. Md.)

•Represented TWi Pharmaceuticals Inc. (and its predecessor Anchen Pharmaceuticals Inc.) in a patent infringement case alleging its generic version of Cephalon's Amrix infringed several patents. After conducting a seven day bench trial, the court issued an opinion in May 2011 finding that TWi's product did not infringe any claims of the '793 and '372 patents and entered judgment in its favor. Following the decision, TWi filed a motion to deem the case exceptional and for fees. The court granted TWi's motion and awarded TWi attorneys' fees. In re Cyclobenzaprine Hydrochloride Extended Release Patent Litigation (D.Del. 2012)

•Represented Teh Seng Pharmaceutical Mfg. Co. Ltd. and TWi Pharmaceuticals Inc. in a patent infringement case alleging their generic version of Endo's Lidoderm transdermal patch infringed several patents. The case was favorably settled on the eve of trial. Endo and Teikoku Pharma v. TWi and Teh Seng (D. Del. 2014)

•Represented TWi Pharmaceuticals Inc. (and its predecessor Anchen Pharmaceuticals Inc.) in a patent infringement case alleging its generic version of Shire's Intuniv infringed several patents. The case was favorably settled after the filing of a motion for summary judgment. Shire v. Anchen and TWi (D.Del. 2012)

•Represented Anchen Pharmaceuticals Inc. in a patent infringement case alleging its generic version of Jazz's Luvox CR infringed several patents. The case was favorably settled after the filing of a motion for summary judgment. Elan, Jazz v. Anchen (C.D. Cal. and D. Del. 2010)

•Represented Anchen Pharmaceuticals in a patent infringement case alleging its generic version of Biovail's Wellbutrin XL infringed several patents. The court granted Anchen's motion for summary judgment finding that Anchen's product did not infringe any Biovail patent. Biovail also made two attempts to seek an injunction against the Food and Drug Administration (FDA) to prevent approval of Anchen's Abbreviated New Drug Application (ANDA) product, both of which were denied. Anchen launched its generic product in December 2006. Biovail Laboratories Inc. v. Anchen Pharmaceuticals Inc. (C.D. Cal. 2006)

Business Insights

Business Insights

2.07.14 Don Mizerk Provides Insight on New FDA Request for Comments
Healthcare, Life Sciences & Pharmaceuticals
Blog

5.01.13 New Developments in Damages Theories and Injunctions Relative to At Risk Launches: Legal and Economic Assessments, American Conference Institute's seventh annual paragraph IV disputes conference
Speaking Engagement New York, NY

5.01.13 Closing Argument: More Law, Less Firm, Chicago Lawyer
Article

4.25.12 New Controversies Surrounding Damages and Injunctions Relative to At Risk Launches, American Conference Institute's 5th Annual Paragraph IV Disputes Conference
Speaking Engagement New York City, NY

5.03.11 Discovery Strategies and Pretrial Tactics, American Conference Institute's 5th Annual Paragraph IV Disputes Conference
Speaking Engagement New York City, NY

4.01.10 A Closer Look at Generic v. Generic Lawsuits, American Conference Institute's 4th Annual Paragraph IV Disputes Conference
Speaking Engagement New York, NY

1.01.03 Motions at the Close of All the Evidence, Illinois Civil Practice
Article

1.01.87 The Coercion Test and Conditional Federal Grants to the States, Vanderbilt Law Review
Article

In The News

2.21.14 Husch Blackwell Wins Hatch-Waxman Case On Behalf Of ANDA Filer
Healthcare, Life Sciences & Pharmaceuticals
News Release

1.24.14 Law360: Pharma Partner Don Mizerk Weighs in on FDA's Overture on Generic-Drug Approvals
Healthcare, Life Sciences & Pharmaceuticals
News Coverage

6.11.09 Don J. Mizerk Joins Husch Blackwell Sanders Welsh & Katz

 
ISLN902442182
 


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Office Information

Don J. Mizerk

120 South Riverside Plaza, Suite 2200
ChicagoIL 60606-3912




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