Nicolas Barzoukas

Partner

Weil, Gotshal & Manges LLP

Current

Current

Merck & Co. Inc. Apotex Corp. v. Merck & Co., Inc. Obtained a victory for Merck in a patent case involving the process used to make Vasotec, one of Merck's largest drugs. Plaintiffs alleged that a previous judgment in favor of Merck, invalidating two patents that plaintiffs claimed were used to make Vasotec, was obtained by fraud. The Court of Appeals for the Federal Circuit affirmed the district court's decision dismissing the fraud allegations in their entirety.

Current

Merck & Co. Inc. In re Apotex Corp. vs Merck & Co. appeal Weil client Merck & Co., Inc. was sued under Rule 60(b) by the largest Canadian drug company, Apotex Corp., in an attempt to overturn a previous ruling that had invalidated the claims of two Apotex patents. The claims covered Merck's process for manufacturing VASOTEC and VASORETIC tablets, two blockbuster drugs for the treatment of hypertension with sales of over one billion dollars a year. One April 25, 2006, Merck obtained a summary judgement Order dismissing all of Apotex's counts. Apotex is appealing the judgement and oral argument before the United States Court of Appeals for the Federal Circuit is expected in early 2007. This is a rare Rule 60(b) case, and upheld an earlier, extensively cited victory for Merck and Co., Inc. under the priority of invention rules established by the Patent Statute.

Current

Innocence Project Parole Application Working with the Innocence Project representing a client in his application for parole stemming from a rape conviction in 1985.

Current

Merck & Co. Inc. In re illegal importation of generic drugs made by a process patented by Merck & Co. Merck & Co., Inc. filed this ITC complaint against CIPLA Ltd., an Indian manufacturer of generic drugs for making alendronate by a process covered by the claims of a Merck patent. Alendronate is the active ingredient of FOSAMAX, a drug used for the treatment and prevention of osteoperosis. This complaint is noteworthy as it seeks to stop both the importation of tablets, which is occurring through illicit internet sales, and the imminent importation of tablets containing alendronate that CIPLA appears poised to supply to other generic drug makers. Trial on this matter is expected in 2007.

University of Texas

J.D.

1992

Baylor University

1989

M.B.A.

Baylor University

B.S.

1986

Global Litigation Strategies and Extraterritorial Patent Enforcement (March 17, 2008, Intellectual Property Owners Association Conference)