Windels Marx Significantly Expands its NJ Practice with the Arrival of a Prominent Intellectual Property - Hatch-Waxman Act Practice Group

Monday, April 15, 2019

Effective April 15, 2019, Windels Marx is pleased to announce the arrival of Andrew J. Miller as Partner, together with an Intellectual Property Practice Group that totals 19 lawyers and professionals. Previously in the Short Hills office of Budd Larner PC, Andy’s practice group is resident in the Madison, NJ office of Windels Marx. His group includes fellow Partners Constance S. Huttner, Ajay Kayal, Alan Pollack, Frank D. Rodriguez, Stuart Sender and Louis H. Weinstein – many of whom have been practicing together for nearly two decades and have developed a significant Hatch-Waxman practice with an international clientele.

Managing Partner of Windels Marx, Robert J. Luddy, said, "We’re thrilled to so significantly expand our practice mix with the arrival of Andy and his deep bench of intellectual property attorneys. It compliments well our core strengths in New Jersey including: real estate, banking and financial services, complex insurance matters and health care.”

Samuel G. Destito, Managing Partner of the Madison office added, “Together with New York, New Jersey has  long been a primary focus of our Firm’s growth.  With this expansion in Madison, coupled with our substantial presence in New Brunswick, Windels Marx is now even better able to serve the market with more than 70 lawyers licensed in the state, and we continue to assess additional expansion opportunities.”

Andy Miller said, "Windels Marx provides a great platform for our existing clients and an exciting opportunity to service new clients. I am also excited about the opportunity to build out a full-service intellectual property practice, as well as help with the ongoing expansion of the Madison office.”  

News of the arrival has been reported via Law360, Managing IP, the New Jersey Law JournalNJBIZ and ROI-NJ.

View the press release.

About Andrew J. Miller

Andrew Miller counsels on matters pertaining to litigation and complex corporate business arrangements, most often in the pharmaceutical industry. He served as General Counsel for a generic pharmaceutical company and has a deep understanding of the legal issues in that industry. Mr. Miller also served as an Assistant United States Attorney litigating disputes for federal agencies, including the FDA. He has litigated numerous Hatch-Waxman (ANDA) cases as well as a variety of other matters in the pharmaceutical industry ranging from complex business torts to trademark, trade secret and contract actions. He also frequently represents pharmaceutical companies in corporate transactions ranging from supply agreements to complex licensing and joint venture arrangements. He is a former Assistant United States Attorney for the District of New Jersey. He holds a B.A. from the University of Buffalo (1977, summa cum laude) and a J.D. from the University of Michigan Law School (1980) where he also served as Editor for the Michigan Journal of Law Reform.

About Constance S. Huttner

Connie Huttner is a trial lawyer whose current practice focuses on trials and appeals involving Abbreviated New Drug Applications. Ms. Huttner has also handled patent cases in other technology areas, including  medical devices, computer software and hardware, business methods, wind turbines, cosmetics, electronic devices, coatings and other chemical products and pumps and other mechanical devices. She has also litigated cases involving false advertising, trademark, patent licensing and trade secret matters. Ms. Huttner has also provided non-litigation patent opinions and counseling in connection with  mergers and acquisitions and other corporate transactions. Prior to focusing her practice on intellectual property matters, Ms. Huttner litigated cases arising out of contests for corporate control, including hostile takeovers, proxy contests, and shareholder litigation.  She has also litigated contract, insurance and other commercial disputes as well as contested bankruptcy matters.  Ms. Huttner received a B.S. in Cellular Immunology from Ohio State University with Honors in the Liberal Arts (1977, Phi Beta Kappa), and a J.D. from Boston College Law School (1980, magna cum laude). While at Boston College Law School, Ms. Huttner was a member of the Order of the Coif and Boston College Law Review. Ms. Huttner was previously a partner at Skadden, Arps, Slate Meagher & Flom and Vinson & Elkins.

About Ajay Kayal

Ajay Kayal focuses on opinion drafting, patent litigation, and strategic client counseling in patent cases arising under the Hatch-Waxman Act. He has extensive experience in the preparation of invalidity, non-infringement, and freedom to operate opinions and notice letters in connection with Abbreviated New Drug Application (ANDA) filings by generic pharmaceutical clients. He routinely counsels generic pharmaceutical clients on a variety of issues, including product selection, strategy for ANDA and 505b2 NDA filings, risk assessments, and designing around process, polymorph, and formulation patents. He also collaborates with litigation teams to develop strategy and works with experts in litigation. Ajay worked as a Technical Advisor prior to and during law school. He holds a Ph.D. in Chemistry from Princeton University (2002) and a J.D. from Rutgers University School of Law - Newark (2009).

About Alan Pollock

Alan Pollack has litigated patent and other intellectual property disputes from inception through trial and subsequent appeal. His areas of practice include numerous electronic and electrical matters, but have also spanned a wide range of technologies including patents for making pizza to patents on brain surgery devices. Mr. Pollack has also focused on analysis of cryptographic systems employed in varying patent contexts including cable television delivery systems, smart cards, and digital radio broadcasting systems. He currently concentrates on patent infringement litigation of pharmaceutical patents in ANDA cases. Mr. Pollack has also worked extensively for several semiconductor chip manufacturers in connection with patent and copyright litigation. The technologies involved in these semiconductor cases include DSP chip architecture, CODECs, ΔΣ Modulation, Sense Amplifier circuitry, modulo addressing schemes, and the manufacture of refractory metal silicide semiconductor devices. Mr. Pollack has litigated patents concerning video games, CRT touch screens, ultrasound devices, balloon angioplasty/brachytherapy equipment and procedures, hip prostheses, orthodontal brackets, steam turbines, and pumps for toxic chemicals. In addition of patent litigation, Mr. Pollack has also litigated trademark, trade secret and copyright disputes. Mr. Pollack has also counseled clients concerning patent issues in connection with IPOs and corporate purchase decisions. He has written several opinions of non-infringement and. prosecuted patent matters. Mr. Pollack's experience also includes arbitration and mediation. He has also lectured for several years concerning service marks. Before coming to intellectual property law, Mr. Pollack practiced general litigation for three years, and focused on product liability defense of manufacturers of automobiles, motorcycles, jet skis, ATVs and other vehicles. In addition, Mr. Pollack litigated a complex "engineering malpractice" matter concerning nuclear power plant construction. He has written software, in connection with patent analysis and otherwise. He holds a B.S.Ch.E. from the University of Pennsylvania (1983), a J.D. from Hofstra University School of Law (1986) where he was an Associate Editor of the Hofstra Labor Law Journal, and a B.S.E.E. from Columbia University School of Engineering and Applied Science (1992).

About Frank D. Rodriguez

Frank Rodriguez is a partner in the firm, specializing in complex litigation matters and intellectual property.  For nearly two decades he has concentrated his practice in the representation and counseling of pharmaceutical industry clients, focusing on litigating patent cases arising under the Drug Price Competition and Patent Term Restoration Act (Hatch-Waxman cases).  He is a leading expert in brand-generic settlement agreements and licensing agreements, and the negotiation, mediation, and drafting of those agreements and related agreements. With a broad spectrum of legal, technical and industry knowledge, together with substantial experience in patent, regulatory, and litigation matters, he regularly counsels clients with respect to business and legal strategies involving intellectual property rights, as well as preparation of freedom-to-operate and other patent opinions, and conducting due diligence studies. A former development scientist for both branded and generic pharmaceutical companies prior to his legal career, Mr. Rodriguez frequently advises clients on product development and preparing patent strategies in order to successfully navigate potential competitors’ intellectual property. He has provided strategic legal counsel on numerous matters involving patents, abbreviated new drug applications (ANDAs), section 505(b)(2) applications, and FDA regulatory and marketing exclusivity issues. He also assists clients in connection with FDA patent certification and patent notification requirements, labeling and other issues relating to the FDA approval process.  Some of his successes include obtaining a decision of noninfringement in a pharmaceutical patent case immediately upon the conclusion of trial, as well as obtaining dozens of favorable early-entry settlements for his clients.  He holds a B.S. from Rutgers College of Engineering (1989) and a J.D. from the University of Dayton School of Law (1994) and is admitted to practice in New York, New Jersey, Washington, DC and the United States Patent and Trademark Office.

About Stuart D. Sender

Stuart Sender has experience in a broad range of intellectual property litigation and licensing matters. His practice includes litigating patent and trademark infringement suits and counseling on intellectual property matters such as: representing plaintiffs or defendants in patent infringement suits in the pharmaceutical, chemical, electrical and mechanical arts; advising pharmaceutical companies on strategies concerning ANDA filings; licensing technology, software and other intellectual properties in the computer, communications, semiconductor, industrial chemical, pharmaceutical, medical device, video game, electrical equipment, manufacturing, advertising and fashion industries, confidentiality and noncompetition agreements; and evaluating intellectual property in the context of mergers and acquisitions. Mr. Sender is a frequent speaker on intellectual property litigation and licensing issues. He teaches Patent Law as an adjunct faculty member at Rutgers Law School and has taught Patent Litigation in the past. He has a J.D. from New York University School of Law and a B.S.E. from Princeton University.

About Louis H. Weinstein

Louis Weinstein is a registered patent attorney with a diverse background and extensive experience as lead counsel in Hatch-Waxman litigations.  He has been responsible for all aspects of litigation in numerous generic challenges to innovator drugs, including:  Plavix, Lamisil, Avelox, Prozac 90, Lotrel, Namenda, Prilosec OTC, Amitiza,  Fetzima and  Otezla. His client counseling duties include the drafting and supervision of opinions on patents covering compositions of matter, pharmaceutical formulations, methods of treatment and industrial processes.  Mr. Weinstein’s experience also includes inter partes review before the Patent Office, as well as the handling of environmental and mass tort litigations, and overseeing environmental remediations.  He holds a B.A. in Chemistry and Mathematics from Amherst College (1979), M.S. degrees in Industrial Administration and Chemical Engineering from Carnegie-Mellon University (1983), a Certificate in Accounting from the University of Pittsburgh (1989), and a J.D. from the University of Chicago (1990).