Biography

Andrew D. Cohen, Ph.D. is Counsel in the Firm’s Litigation department, where he focuses on patent litigation with an emphasis on the pharmaceutical and biotechnology industries. He represents clients in patent litigation on a variety of subject matters including small molecule chemistry, biologics, and medical devices. He has litigated cases brought under the Hatch-Waxman Act and the Biologics Price Competition and Innovation Act (BPCIA), and has represented clients in inter partes reviews (IPR). He maintains an active pro bono practice including civil rights litigation, housing disputes, and asylum applications. 

From 2012 to 2013, Mr. Cohen served as a law clerk to the Hon. Cathy Seibel of the United States District Court for the Southern District of New York. Prior to clerking, Mr. Cohen also spent three years as a patent agent at an international law firm, where he worked on motion practice, patent prosecution, due diligence, and opinion drafting. Before that, he was a scientific advisor for three years at a boutique intellectual property law firm, where he worked on several Hatch-Waxman litigations, as well as due diligence, opinion drafting and patent prosecution. Mr. Cohen was recognized as a Rising Star in the New York-Metro edition of Super Lawyers from 2017-2020.

Representative Experience:

  • Obtained a trial victory for a Fortune 100 pharmaceutical company in a Hatch-Waxman patent litigation following a multi-week virtual bench trial.  At stake was nearly 10 years of patent protection for a blockbuster medicine with over $1.5 billion in annual sales in the United States.
  • Represented a Fortune 500 biotechnology company in obtaining dismissal of a $530 million patent infringement suit regarding recombinant DNA expression vectors.
  • Represented multinational pharmaceutical company in one the first cases brought under the BPCIA involving a blockbuster antibody product and methods of manufacturing biologics.
  • Represented multinational pharmaceutical company against U.S. Customs in a bench trial, successfully obtaining judgment that the company’s blockbuster small-molecule drug can be imported duty-free.
  • Represented a pharmaceutical company in arbitration regarding small-molecule product royalties.
Admissions
  • U.S. Supreme Court
  • U.S. Patent and Trademark Office
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Southern District of New York
  • U.S. Court of International Trade
  • New York
Professional Activities

MEMBERSHIPS: American Chemical Society; New York City Bar Association (Member of the Patents Committee); New York Intellectual Property Law Association (Member of the Amicus Briefs Committee).