Don is an experienced litigator of patent infringement and other complex intellectual property and commercial cases.
His extensive patent litigation experience includes 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, gaming devices, aluminum alloys, silicon on insulator manufacturing, computer software, garage door controls, credit card marketing business methods and ergonomic computer accessories.
Don has extensive experience at both the trial and appellate level litigating highly specialized Hatch-Waxman statutory patent infringement and other actions involving prescription pharmaceutical drugs, including such blockbuster drugs as Wellbutrin XL® (bupropion), Strattera® (atomoxetine), Adderall XR® (mixed amphetamine salts), Clarinex® (desloratadine), Amrix® (cyclobenzaprine), Enablex® (darifenacin), Cymbalta® (duloxetine), Luvox CR® (fluvoxamine), Ryzolt® (tramadol), Seroquel XR® (quetiapine) and Ambien CR® (zolpidem).
Don, a member of the firm's Partner Board, has represented clients in complex commercial litigation relating to real estate sales, smartphone development, stock options, retail advertising and software development. He also has significant appellate experience and has argued many cases before the Federal Circuit, Seventh Circuit, Illinois Supreme Court and Illinois Appellate Court.
Before joining the firm in 2009, Don was a partner at Winston & Strawn LLP. From 1991 to 1996, he served as an assistant state's attorney in the Cook County State's Attorney's Office, where he was chief assistant to Cook County State's Attorney Jack O'Malley.
Professional Associations & Memberships
· American Prosecutors Research Institute, Bias Crime Project Advisory Committee, Board of Directors, 1995-1999
· Federal Circuit Bar Association, 1999
· Illinois Attorney General's Office, Transition Team, 1994-1995
· National District Attorneys Association, Board of Directors, 1996-1997
Civic Involvement
· Illinois Motor Vehicle Theft Prevention Council, Grant Review Committee, 1993-1996
· Illinois Wesleyan University, Chicago Leadership Council, 1991-1996, 2005-present
Clerkships
· The Hon. Harry W. Wellford, U.S. Court of Appeals, Sixth Circuit, 1988-1989
News & Publications
News
6.11.09, Don J. Mizerk Joins Husch Blackwell Sanders Welsh & Katz
Publications
1.1.03, Motions at the Close of All the Evidence, Illinois Civil Practice
1.1.87, The Coercion Test and Conditional Federal Grants to the States, Vanderbilt Law Review
Events
5.3.11, Discovery Strategies and Pretrial Tactics, American Conference Institute's 5th Annual Paragraph IV Disputes Conference
New York City, NY
Speaking Engagement
4.1.10, A Closer Look at Generic v. Generic Lawsuits, American Conference Institute's 4th Annual Paragraph IV Disputes Conference
New York, NY
Speaking Engagement