Nevin M. Gewertz
Bartlit Beck LLP, 2011-Present, Partner (since 2015)
Cases tried or otherwise taken to judgment
Endo Pharmaceutical Solutions Inc. V. Paddock Laboratories LLC (D. Del.)
Trial counsel for plaintiffs in ANDA litigation relating to Endo’s Aveed® testosterone undecanoate injection. Aveed® is the first FDA-approved long-acting testosterone replacement therapy injectable. Defendant Custopharm, Inc. sought to market a generic version of Aveed® and challenged as obvious two patents covering Aveed®’s unique composition and dosing regimen. After a bench trial, Judge Sue Robinson of the District of Delaware issued a memorandum opinion and order finding that Custopharm, Inc. had failed to show that the patents covering Aveed® were invalid as obvious.
Administradora v. E.I. DuPont de Nemours & Co., Inc. (Florida, Miami Dade County State Court)
Represented DuPont in three-week jury trial of product liability action involving Benlate fungicide. Plaintiff, a large Costa Rican citrus producer, claimed $42 million damages. The jury found plaintiff 60% contributorily negligent and awarded substantially reduced damages, resulting in an award of a small fraction of plaintiff’s claim. Post-trial cross-motions are pending.
Millennium Labs. v. Ameritox (U.S. District Court, District of Maryland)
Trial counsel for defendant Ameritox in a Lanham Act false advertising case concerning Ameritox’s Rx Guardian urine drug testing services. Plaintiff challenged Ameritox's entire advertising campaign from 2008 to 2012, seeking substantial damages. Succeeded in excluding plaintiff’s consumer survey and damages experts. After four-weeks of argument, including a two-week trial before an advisory jury, the parties entered into a consent order to end the dispute, which resulted in Ameritox having to pay no money, nor change any of its products and services.
Other representative cases
Adverio Pharma GMBH et al. v. Alembic Pharmaceuticals, Ltd. et al. (D. Del.)
Trial counsel for plaintiffs in Hatch-Waxman litigation relating to Bayer’s Adempas® (riociguat) product. Case pending.
Regents of the University of Minnesota v. LSI Corp., et al. (Fed. Cir.)
Appellate counsel for Gilead Sciences in cases involving the determination of whether state sovereign immunity applies in inter partes review. Gilead successfully became a party to the consolidated appeal in a rare grant of a permissive intervention motion under Rule 24(b).
Regents of the University of Minnesota v. Gilead Sciences (D. Minn.)
Trial counsel for Gilead in patent infringement action related to Gilead’s hepatitis C treatments. Case pending.
County of Santa Clara v. Donald J. Trump, et al., 3:17-cv-00574; and City and County of San Francisco v. Donald J. Trump, et al., 3:17-cv-00485 (N.D. Cal.)
Counsel (along with my partner, Abby Mollen) for a bi-partisan consortium of over 40 law professors as amici addressing Separation of Powers and Federalism issues in underlying litigation regarding Executive Order 13768, which concerns the provision of federal funding to sanctuary jurisdictions. Read the brief here.
Vernon H. Bowman v. Monsanto Company, et al. (U.S.)
Counsel for Pioneer Hi-Bred International, Inc. as amicus addressing the application of patent exhaustion to the Plant Variety Protection Act, 7 U.S.C. §§ 2321-2582. Read the brief here.
Gilead Sciences v. Mylan Pharmaceuticals (N.D. W.Va.)
Trial counsel for Gilead in Hatch-Waxman litigation relating to Evotaz®, an HIV treatment containing atazanavir and cobicistat. Case pending.
Gilead Sciences v. Mylan Pharmaceuticals (D. Del.)
Trial counsel for Gilead in Hatch-Waxman litigation relating to Gilead’s Tybost® (cobicistat) product. Case pending.
Confidential AAA Arbitration
Trial counsel representing “Big Four” accounting firm in accounting malpractice case related to tax and consulting services on ESOP transaction. Case settled.
Various Plaintiffs v. Citadel
Trial counsel for Citadel in various purported securities class actions brought against exchanges, broker/dealers, and trading firms. Cases pending in Southern District of New York.
Erricos v. Stryker Corp. (Circuit Court, Kalamazoo County, Michigan)
Trial counsel for Stryker in breach of contract action stemming from Stryker's acquisition of SpineCore, Inc., a developer of artificial spinal discs. Plaintiffs alleged approximately $250 million in damages. Won summary judgment in client’s favor, after which case settled favorably.
Xarelto Personal Injury Litigation
National counsel for Bayer in defense of lawsuits alleging personal injuries caused by novel oral anticoagulant Xarelto.
YAZ®/Yasmin® Litigation (MDL, U.S. District Court, S. Dist. of Illinois)
National counsel for Bayer in litigation alleging personal injuries caused by YAZ® and Yasmin® (oral contraceptives). Cases pending in federal and state courts. MDL in Illinois.
In re Factor VIII or IX Concentrate Blood Products Litigation (MDL, U.S. District Court, N. Dist. of Illinois)
Representing Bayer in ongoing world-wide litigation alleging infection with HIV and hepatitis C from blood-based derivatives used to treat hemophilia.
Stillman v. Novartis Consumer Health (U.S. District Court, C.D. California)
Trial counsel for Novartis in patent infringement action relating to soluble fiber products. Case settled favorably.
Acknowledgements, presentations, and publications
Law and Society Association and Canada Law and Society Association, Joint Annual Meetings, 2008
University of Chicago John M. Olin Program in Law & Economics, Contested Commodities Conference, 2008
National Institute of Mental Health, New Clinical Drug Evaluation Unit, 1998 and 1999
Colorblind State Actions and the Limits of Racial Preference, 72 Law & Contemp. Probs. 251 (2010) (with Michele Goodwin)
Act or Asset? Multiplicitous Indictments under the Bankruptcy Fraud Statute, 18 USC § 152, 76 U. Chi. L. Rev. 909 (2009)
Enzymatic Detection of Protein Translocation, 2.7 Nature Methods 521 (2005) (with Tom S. Wehrman, et al.)