As a part of his antitrust practice, Zachary has represented clients in matters involving alleged monopolization, joint venture activities and cartel conduct including fixing, market allocation and group boycotts. He has also assisted clients with premerger analysis and notification under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act and in defending mergers and acquisitions challenged by federal, state and foreign competition authorities.

Zachary has counseled clients in matters involving a range of business practices and compliance issues as a part of his consumer protection practice.  For example, he has successfully defended clients in class actions involving allegations of false advertising, deceptive business practices, breach of contract and violation of federal and state consumer protection laws.

In his pro bono practice, Zachary has represented clients in civil rights litigation, challenging unconstitutional prison policies. He has also represented clients in child-support proceedings and immigration matters under the Violence Against Women Act.

Zachary previously served as a legal intern for the US Federal Trade Commission (FTC) Northeast Region, where he assisted in competition and consumer protection investigations.

During law school, Zachary served on the Fordham Urban Law Journal and was a constitutional law editor for the Fordham Moot Court Board.

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• Defended healthcare provider in federal and administrative preliminary injunction proceedings brought by the Federal Trade Commission to block the client’s proposed merger on antitrust grounds*
• Achieved dismissal of consumer protection class action claims against food-industry client accused of misleading product labeling with respect to country of origin*
• Achieved dismissal of consumer protection class action claims against tech industry client concerning allegedly false representations concerning product performance
• Achieved summary judgment and defeated class certification in favor of financial-services client in matter involving breach of contract claims and third-party liability for allegedly fraudulent consumer fee practices*

*Matter handled prior to joining the firm.

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• Defended software security company in patent licensing dispute related to machine learning*
• Represented patent owner in multiple patent suits related to method of treatment and method of manufacture claims for an injectable therapeutic*

*Matter handled prior to joining the firm.

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Brad also provides day-to-day general corporate advice and counsel on business operations, including employment matters, equity compensation, and commercial contracts.

Brad’s experience spans various industries, including healthcare, manufacturing/industrials, services, retail, internet and technology, medical devices, pharmaceuticals, insurance, consumer electronics, and cannabis.

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• Represented Kingswood Capital Management in its acquisition of The Vitamin Shoppe
• Represented Nautic Partners in its acquisition of Cenavera Nutrition, a leading independent K-12 foodservice management company
• Represented H.I.G. Capital in its acquisition of Patriot Pickle, a leading pickle manufacturer
• Represented Nautic Partners in its acquisition of SurfacePrep, a national leader in high-quality abrasive products, specialty ceramics, and surface finishing
• Represented Nautic Partners in its acquisition of Advantage Healthcare Services, a specialty pharmacy provider
• Represented H.I.G. Capital in its acquisition of iDC Logistics, a nationwide third-party logistics company
• Represented ONCAP in its acquisition of Ideal Dental Management Partners, a specialty dental service organization
• Represented a publicly traded cannabis company in its acquisition of a Pennsylvania-based cannabis company
• Represented H.I.G. Capital in its disposition of BIOVECTRA, a leading contract development and manufacturing organization of active pharmaceutical ingredients and intermediate
• Represented Access Medical Clinic, a multistate rural health clinic, in its disposition of a national private equity firm
• Represented Italian oil and gas manufacturer in its acquisition of its US competitor valued at $133 million*

*Matter handled prior to joining the firm.

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Jason spends a substantial portion of his time representing innovator clients as plaintiffs in Hatch-Waxman Act litigation. His legal experience covers a wide array of pharmaceutical technologies, including small molecule drugs and peptides, cancer therapies, oral contraceptives, steroids, antifungal agents, anticholinergics, β3-agonists, pharmacologic stress agents, and sleep medications. He has successfully defended patents covering new chemical compounds, as well as complex inventions covering formulations, polymorphs, and methods of treatment. Clients often turn to him to address difficult infringement issues, particularly when design-around defenses have been asserted and extensive testing evidence will be required for trial. He has also represented clients in inter-partes review and interference proceedings in the US Patent and Trademark office.

Jason also advises clients on intellectual property due diligence and licensing matters, including strategic company and product acquisitions. As part of this process, he leverages his extensive litigation and industry experience to help guide clients through these transactions.

Before attending law school, Jason spent six years as a pharmaceutical chemist at an innovator pharmaceutical company where he specialized in analytical and solid-state chemistry. His scientific research resulted in more than a dozen patents and patent applications, including patents covering the cholesterol medication atorvastatin. His industry experience has become indispensable to clients as they often request his thorough analysis of the technology as part of their litigation and trial strategies.

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• Successfully represented Sanofi in Sanofi v. Fresenius in the appeal of our successful defense of its compound patent covering Jevtana^® (a taxane chemotherapy agent for docetaxel-resistant prostate cancer) in the district court*
• Successfully represented Sanofi relating to an IPR petition filed by Mylan concerning a compound patent covering Jevtana^® (a taxane chemotherapy agent for docetaxel-resistant prostate cancer). The PTAB did not institute the petition*
• Successfully represented Sanofi relating to a second IPR petition filed by Neptune Generics concerning a compound patent covering Jevtana^® (a taxane chemotherapy agent for docetaxel-resistant prostate cancer). This petition attempted to build on prior unsuccessful IPR and district court challenges. The PTAB did not institute this serial IPR petition*
• Successfully represented Sanofi in an interference with Fresenius at the USPTO concerning a polymorph of cabazitaxel, the active ingredient in Jevtana^® (a taxane chemotherapy agent for docetaxel-resistant prostate cancer). The interference was resolved in favor of Sanofi in less than six months*
• Successfully represented Merck & Co., Inc. in Merck v. Fresenius relating to compound and formulation patents covering Cancidas^® (a lyophilized formulation of a cyclohexapeptide for the treatment of life-threatening fungal infections). A favorable settlement was obtained for Merck after an extensive bench trial*
• Successfully represented Merck & Co., Inc. in Merck v. Xellia relating to infringement of a formulation patent covering Cancidas^® (a lyophilized formulation of a cyclohexapeptide for the treatment of life-threatening fungal infections). Merck prevailed at trial and injunction obtained*
• Successfully represented Warner Chilcott in Warner Chilcott v. Lupin relating to obviousness of a method of treatment patent covering Lo Loestrin Fe^® (an oral contraceptive regimen containing ethinyl estradiol and norethindrone acetate). Warner Chilcott prevailed at trial and injunction obtained*
• Successfully represented Merck & Co., Inc. in Merck v. Teva relating to compound and formulation patents covering Cancidas^® (a lyophilized formulation of a cyclohexapeptide for the treatment of life-threatening fungal infections). Merck prevailed on summary judgement of nonobviousness of the formulation patent; and Defendants dropped their challenge to the compound patent*

*Matter handled prior to joining the firm.

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Simon has in-depth experience and knowledge in Hatch-Waxman related litigations involving small molecules as well as other pharma-related patent matters including those involving large molecule pharmaceuticals. With a proven track record in high-stakes litigation matters, Simon represents clients before the federal courts as well as the United States Patent and Trademark Office (USPTO) in contested proceedings including IPRs and PGRs.

Notably, Simon orchestrated the first successful supplemental examination request to be filed with the USPTO that included disclosures unrelated to prior art leading to the significant strengthening of a patent portfolio protecting one of the world’s most successful branded pharmaceutical products. He also has the rare distinction of being permitted to present oral argument before the Patent Reexamination Board (PRB) of China’s Intellectual Property Office (SIPO) in Beijing, resulting in the PRB upholding the patentability of the patent covering an active ingredient in the world’s best-selling HIV medications. All of Simon’s litigations to date have resulted in successful outcomes for his clients, despite many involving secondary patents that involved both disputed validity and infringement contentions.

Read Simon’s full biography in Japanese.

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• Participated in the lead IP team for a major Japan-based pharmaceutical company in its multi-billion dollar acquisition of an Israeli pharmaceutical company (the largest ever acquisition of an Israeli company)*
• Successfully represented a global pharmaceutical company in the prevention of institution of IPR petition filed by generic drug company seeking to invalidate US compound patent covering its crown jewel product*
• Successfully obtained summary judgement of validity and infringement of patents covering Astellas’s and Boeringer Ingelheim’s Flomax^® product preventing generic entries prior to patent expiry*
• Led the litigation team that successfully represented Gilead against several generic drug companies that had challenged patents covering Viread^®, Truvada^®, and a number of other leading HIV treatments*
• Successfully represented Gilead in an interference with Idenix at the US Patent and Trademark Office concerning patents covering Hepatitis C treatments*
• Successfully represented Astra Zeneca in multiple district court cases involving many generics relating to patents covering Prilosec^®*
• Successfully represented Novartis in multiple cases, including one jury trial, involving several generics relating to four patents covering the Famvir^® and Penvir^® products*
• Successfully defended SmithKline Beecham against patent infringement allegations made by Glaxo Welcome attempting to prevent the Famvir® product from competing against Glaxo’s acyclovir products in the US*
• Led the litigation team in the successful representation of Astellas against several generic drug companies seeking to invalidate the compound and formulation patents covering Mycamine^®*
• Successfully led the litigation team for Astellas against several generics arguing non-infringement and invalidity of Astellas’s patents directed to polymorphs that cover Celgene’s Istodax^® product*
• Successfully represented Astellas in patent infringement suits relating to patents covering Astellas’s VesiCare® product (best-selling anti-muscarinic brand treatment of overactive bladder)*
• Successfully represented BMS and Kyorin Pharmaceuticals in patent litigations in which several generic companies sought to invalidate Kyorin’s patents covering BMS’s Tequin^® product*
• Successfully represented Eli Lilly against several generic drug companies seeking to invalidate Eli Lilly’s patents covering the Prilosec^® product*

*Matter handled prior to joining the firm.

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• Financing for investors bidding on a Milan railway yard redevelopment tied to one of Europe’s largest urban projects ahead of the Milan-Cortina 2026 Olympics
• Financing the acquisition of a large area in Milan for the construction of ENI’s headquarters (Italy’s main energy operator)
• Mortgage loan for a sub-fund of an alternative real estate investment fund supporting acquisition of large-scale distribution properties
• Corporate restructuring for a leading European beauty and lifestyle operator
• Up to €28.8 million financing supporting an acquisition in the high-end fashion accessories sector
• €100 million facility for a leading Italian gear-motor company to refinance debt and support business needs

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