USA Law and Practice Contributed by: Rob Cerwinski, Michael Johnson, Heather M Schneider and Michael B Cottler, Gemini Law LLP
Gemini Law LLP is a new kind of life sciences law firm that brings together some of the most experienced attorneys in an innovative, low-overhead model that allows the firm to offer “big law” service at half the cost or less. The team has decades of law firm, in- house, and Patent Office experience to provide a full range of services including high-stakes, complex IP litigation and appeals; post-grant proceedings; stra ‑ tegic patent prosecution and opinion work; IP trans ‑ actions and diligence; and biotech counselling ser ‑
vices. As one example, the combined Gemini team has participated in the BPCIA “patent dance” dozens of times since the law was enacted. It has worked on IP transactions and diligence on deals worth tens of millions of dollars. The firm has tried dozens of cases at the district court, PTAB, and appellate level, and brings in-depth experience across small-molecule pharmaceuticals, biologics, medical devices, chemi ‑ cal and industrial products, and other technologies.
Authors
Rob Cerwinski is a managing partner at Gemini Law LLP. He is a seasoned patent litigator and IP strategist with more than 20 years of experience helping international clients launch biopharma products into the highly
Heather M Schneider is an experienced IP practitioner and past president of the NYIPLA, whose practice focuses on patent litigation, IP strategy, and transactions. Her litigation experience encompasses
competitive US market. He specialises in helping companies devise cost-effective strategies to navigate the complex and intertwined legal, regulatory and financial hurdles that can delay or prevent product launch. His successes in pre- litigation strategy and the courtroom have driven the launch of over 20 biopharma products in the USA and Europe. He holds an MS in molecular biology and has a deep understanding of the science, business and regulation of biopharma product development, manufacture and marketing.
pharmaceuticals, biologic products, medical devices, and chemical and industrial products. Her transactional experience includes licensing, development and collaboration agreements, mergers, and bankruptcy. She advises clients on IP prosecution and enforcement strategy, acquisitions, financing, ownership structures, and the intersection of IP with AI, privacy, and cybersecurity. She has an MS in Computer Science from Pace University and a graduate certificate in Genetics and Genomics from the Stanford University Center for Professional Development.
Michael Johnson is an experienced trial attorney who focuses on patent litigation, counselling, and IP strategy. His litigation experience encompasses pharmaceuticals, biotechnology, medical devices,
Michael B Cottler joined Gemini Law as a partner in 2023. He has over 19 years of experience handling and managing IP litigation and strategy in the pharmaceutical and biotech sector with a unique commercial
industrial chemicals, and consumer products. He has represented major life sciences companies in litigation matters in the district courts and the PTAB. Michael has prevailed in several appeals following trials and preliminary injunction decisions. Michael’s practice also includes client counselling on patent infringement, validity, and enforceability opinions and pre-litigation strategy, as well as intellectual property issues associated with transactional work including licensing and mergers. He has a BS in Chemical Engineering from Rensselaer Polytechnic Institute.
perspective. Previously, he was Global Head of Litigation at Alvotech, where he directed the company’s prelitigation, litigation, and dispute resolution strategy, including BPCIA litigation, global supply chain, and market entry. He has deep knowledge concerning the development, manufacture, regulatory approval, and commercialisation of biologics. Prior to Alvotech, he was a partner at Goodwin, where he oversaw patent litigation and contract dispute resolution. He holds a BS in Biologics Sciences (with a neuroscience focus) from Cornell University.
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