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Overview

Marc helps clients realize their plans, whether that means representing them in intellectual property litigation, helping them navigate regulatory complexities, or advising them in commercial and licensing relationships.

Marc’s extensive experience includes advising and advocating for pharmaceutical manufacturers at all stages of product cycle and patent litigation, from providing initial assessments of the competitive landscape to completion of trial and appeal. Some of the products with which Marc has assisted are therapeutic equivalents to the following medicines: Eliquis (apixaban), Generess Fe (norethindrone and ethinyl estradiol and ferrous fumarate), Kerydin (tavaborole), Letairis (ambrisentan), Oxtellar XR (oxcarbazepine), Adderall XR (mixed amphetamine salts), Trintellix (vortioxetine), Lo Loestrin Fe (norethindrone acetate and ethinyl estradiol, ethinyl estradiol and ferrous fumarate), Yaz (drospirenone and ethinyl estradiol), Saphris (asenapine), Seroquel XR (quetiapine fumarate) and Hepsera (adefovir dipivoxil). Marc also has significant experience helping clients navigate complex regulatory environments, including working to develop Shared Risk Evaluation and Mitigation Strategies (REMS) programs and helping clients obtain approval for their Abbreviated New Drug Applications so they can commercialize their products. Marc also has substantial experience representing clients in Inter Partes Review proceedings at the United States Patent and Trademark Office (USPTO), particularly with regard to patents listed in the Orange Book.

Prior to joining Husch Blackwell, Marc practiced at a large, Chicago-based intellectual property firm. He also spent time as a research associate in Northwestern University’s Cognitive Neurology and Alzheimer’s Disease Center, studying tau-positive inclusions in frontotemporal lobar degeneration and motor neuron disease-associated dementia. Additionally, he previously worked as an associate in Federal Signal Corporation’s legal department and taught in the University of Michigan’s Department of Molecular, Cellular and Developmental Biology.

Industry

Services

Recognition

  • Illinois Super Lawyers, Rising Star, 2016-2021

Education

  • J.D., University of Michigan Law School
    • Sinnock Award recipient
  • M.S., Loyola University Chicago
    • with distinction
    • Biology: Molecular Biology and Genetics
  • B.S., Loyola University Chicago
    • with honors
    • Biology, minor in Chemistry

Admissions

  • Illinois
  • Washington
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Northern District of Illinois
  • U.S. Supreme Court
  • U.S. Patent and Trademark Office

Professional Memberships and Certifications

  • Association for Accessible Medicines
  • American Bar Association
  • Intellectual Property Law Association of Chicago
  • American Health Law Association
  • University of Michigan Alumni Association
  • Loyola University Chicago Alumni Association
  • National Association of REALTORS®
  • Illinois Association of REALTORS®
  • Chicago Association of REALTORS®
Experience
  • Represented Lupin Ltd. in a patent infringement case alleging its generic version of Warner Chilcott Ltd.'s Generess Fe infringed its patent. Following a week-long bench trial, the court entered judgment for Lupin, finding Warner Chilcott's patent invalid as obvious. The case was affirmed on appeal to the Court of Appeals for the Federal Circuit, for which appeal Marc was also counsel of record. Warner Chilcott v. Lupin (D.N.J.) (Fed. Cir.)
  • Represented FlatWing Pharmaceuticals, LLC, in an Inter Partes Review regarding Anacor Pharmaceuticals, Inc.'s, (acquired by Pfizer Inc.) patents listed in the Orange Book for its Kerydin product. FlatWing demonstrated that 39 claims in four patents listed by Anacor were unpatentable, leading to the cancellation of all claims of all listed patents by the Patent Trial and Appeal Board at the USPTO. The PTAB decision is currently on appeal to the Court of Appeals for the Federal Circuit—for which appeal Marc is also counsel of record. IPR2018-00168, IPR2018-00169, IPR2018-170, IPR2018-171.
  • Represented client navigating administrative appeal proceedings at the Food and Drug Administration regarding a "refuse to receive" decision for client's ANDA, successfully reversing the decision for the client and thus preserving its first-to-file status.
  • Represented Sigmapharm Laboratories, LLC, in a patent infringement case alleging its generic version of Gilead Sciences, Inc.'s, Ambrisentan infringed its patent. The case settled prior to trial. Gilead v. Sigmapharm (D.N.J.)
  • Represented Amerigen Pharmaceuticals, Ltd., in a patent infringement case alleging its generic version of Shire LLC's Adderall XR infringed several patents. The case was favorably settled after three days of trial. Shire v. Amerigen (D.N.J.)
  • Assisted client in successfully developing Shared Risk Evaluation and Mitigation Strategies ("REMS") for its ANDA product, successfully facilitating commercial launch of client's product.
  • Advised client in developing Shared Risk Evaluation and Mitigation Strategies ("REMS") for its ANDA product, successfully navigating oppressive and unreasonable demands by the REMS originator for generic participation and facilitating commercial launch of client's product.
  • Represented FlatWing Pharmaceuticals, LLC, in a multidistrict patent infringement litigation alleging its generic version of Anacor Pharmaceuticals, Inc.'s, (acquired by Pfizer Inc.) Kerydin infringed several patents. In a separate proceeding, FlatWing demonstrated that all claims in all asserted patents were unpatentable. The case is currently stayed pending appeal of the PTAB proceeding at the Court of Appeals for the Federal Circuit—for which appeal Marc is also counsel of record. In re: Kerydin (Tavaborole) Topical Solution 5% Patent Litigation.
  • Represented Sigmapharm Laboratories, LLC, in a patent infringement case alleging its generic version of Bristol-Myers Squibb's and Pfizer Inc.'s Eliquis infringed multiple patents. The case is currently pending. Bristol-Myers Squibb and Pfizer Inc. v. Sigmapharm (D. Del.)
  • Represented Sigmapharm Laboratories, LLC, in a patent infringement case alleging its generic version of H. Lundbeck A/S's and Takeda Pharmaceutical Company, Ltd.'s, Trintellix infringed several patents. The case is currently pending. H. Lundbeck and Takeda v. Sigmapharm (D. Del.)
  • Aided representation of Lupin Ltd. in a patent infringement case alleging its generic version of Bayer AG's Yaz infringed its patent. After a bench trial, the asserted claims were held valid, a holding which was later reversed by the Court of Appeals for the Federal Circuit, finding the claims to be obvious. Bayer v. Lupin (D. Nev.)
  • Represented Sigmapharm Laboratories, LLC, in an appeal before the Court of Appeals for the Federal Circuit of certain elements of a patent infringement case alleging its generic version of Gilead Sciences, Inc.'s, Hepsera infringed its patent. Gilead v. Sigmapharm (Fed. Cir.)
  • Aided representation of Osmotica Pharmaceutical Corp. in a patent infringement case alleging its generic version of AstraZeneca Pharmaceuticals LP's Seroquel XR infringed its patent. AstraZeneca v. Osmotica (S.D.N.Y.)
  • Aided representation of United States Gypsum ("USG") in a patent infringement and trade secret lawsuit against Lafarge North America. The case settled prior to trial for $105M. USG v. Lafarge (N.D. Ill.)
  • Aided Sigmapharm Laboratories, LLC, in arguing for claim construction. Court adopted proposed construction verbatim. Gilead v. Sigmapharm (D.N.J.)
News Releases | October 15, 2021
Husch Blackwell Scores Victory for Sigmapharm in Hatch-Waxman Litigation

Husch Blackwell successfully defended Sigmapharm Laboratories, LLC in connection with its application for approval of a generic version of the antidepressant vortioxetine.

Community Leadership
  • University of Michigan Alumni & Student Mentoring Program, 2015-present 
  • Loyola University Chicago Institutional Biosafety Committee, 2009-present
  • Food Gatherers Community Kitchen, 2009
  • University of Cape Town Refugee Law Clinic, 2008