oseph E. Cwik has joined Amin Talati & Upadhye, Chicago, IL, as a new member and will focus on areas of business and intellectual property litigation.
A trial lawyer with significant civil litigation experience, Mr. Cwik has represented numerous clients in disputes involving patents related to pharmaceuticals, dietary supplements, and medical foods. He also represents clients in patent infringement actions involving abbreviated new drug applications filed with the Food and Drug Administration. Representative drugs involved have included Treanda, Pradaxa, Fosamax, Patanol and Cymbalta. Mr. Cwik’s business litigation experience includes prosecuting and defending numerous state and federal business claims involving the False Claims Act, breach of contract, fraud, replevin, anti-kickback statutes and tortious interference.
Cwik was lead counsel that recently defended an API supplier to a generic pharmaceutical company and forced the brand drug company to withdraw all patent infringement claims against his client resulting in a final termination of the ITC investigation. Later, he challenged the validity of four of those same patents in inter parties review ("IPR") proceedings before the Patent Trial and Appeal Board. In its final written decisions, the Patent Office agreed with his client and held that all 58 out of the 58 challenged claims were invalid or cancelled. These decisions represent the first time a party has successfully defeated a pharma-type patent through the new IPR process. Mr. Cwik also successfully defended on appeal a trial court’s ruling that a patent concerning dietary supplements was invalid.
“Joe has been repeatedly recognized as an Illinois Super Lawyer in the area of intellectual property litigation in 2010, 2012, 2014 and 2015,” said Amin Talati & Upadhye member Rakesh Amin. “We’re delighted to have him on board.”
