is a partner in the Litigation practice of Paul Hastings and a co-founder of the life sciences patent litigation practice. Mr. Wexler is a trial lawyer with extensive experience litigating high-stakes patent cases in a range of technologies, including representing clients as lead counsel defending their patents covering multi-million and multi-billion dollar drug products.
Awards and Accolades
- Mr. Wexler is ranked in Chambers USA, which calls him a “litigation and trial expert at the firm,” also noting his ability to “explain complex situations clearly to enable informed decision-making,” and his “exceptional writing skills and strong technical ability”
- Mr. Wexler is a 2013 LMG Life Science nominee for Litigator of the Year. He is ranked in Life Sciences Magazine as a Life Sciences Star, and recognized by Managing Intellectual Property IP Stars.
- The Intellectual Asset Management’s IAM Patent 1000 (2012) report refers to him as an “awesomely effective trial lawyer.”
- IAM Patent 1000 (2013)- Ranked in the survey’s Gold band identifying him as the crème de la crème for Litigation by reputation and work on the most high-profile, big-ticket work from the most demanding of clients. According to IAM, Mr. Wexler “takes a robust yet reasonable approach to litigation” and is noted by source as “performing at his best in highly charged contentious scenarios.”
- The Financial Times awarded his successful defense of the Aricept® drug franchise “standout” notice for innovative lawyering.
- He is recognized in the IAM250 leading New York IP litigators report as a “really strong substantive lawyer.” He is ranked in The Legal 500 US and featured as a NY “Super Lawyer.” Legal500 notes that Mr. Wexler has "extensive patent litigation experience, with strategical considerations and observations being very sophisticated and right to the point" and that he is "splendid at trial."
- Mr. Wexler is a recipient of the Burton Award for Legal Achievement in legal writing.
- Boehringer Ingelheim International GmbH and Boehringer Ingelheim Pharmaceuticals, Inc. v. Mylan Pharmaceuticals, Inc.
Mr. Wexler was lead counsel for Boehringer Ingelheim in this appeal involving the patent protecting Mirapex®, an important drug for the treatment of Parkinson’s disease. Mr. Wexler was hired to handle the appeal and argued and won a complete reversal from the Federal Circuit, upholding the validity of the patent. The appeal established important precedent concerning the scope of the double patenting safe harbor provision, 35 U.S.C. 121.
- Sandoz Inc. v. Boehringer Ingelheim International GmbH and Boehringer Ingelheim Pharmaceuticals, Inc.
Mr. Wexler was lead trial counsel for Boehringer Ingelheim in its counterclaim action for patent infringement against Sandoz. Mr. Wexler argued and won a preliminary injunction ruling, delivered from the bench, preventing Sandoz from launching a generic version of Mirapex®. The court was persuaded to grant the injunction on a patent that had been subject to a license and which would be expiring in several months. The judge deciding this case had, in his immediately preceding patent case, refused both preliminary and permanent injunctive relief in part on the ground that the patentee had previously licensed the patent. Mr. Wexler subsequently negotiated a stipulation continuing the injunction through patent expiration.
- Takeda Pharmaceutical Company Ltd. and Takeda Pharmaceuticals North America Inc. v. Teva Pharmaceuticals USA, Inc. and Watson Laboratories Inc.
Mr. Wexler was lead trial counsel for Takeda in two actions enforcing Takeda’s patent for its anti-insomnia drug Rozerem® against challenge by generic drug companies Teva and Watson. After two years of litigation through fact and expert discovery, Mr. Wexler obtained a favorable settlement dismissing both companies’ patent challenges.
- Eisai Co., Ltd. and Eisai Inc. v. Teva Pharmaceuticals USA, Inc.
Mr. Wexler was lead trial counsel for Eisai in an action defending Eisai’s patent protecting Aricept®, the market leading drug for the treatment of Alzheimer’s disease, having sales of some $2 billion/year. Mr. Wexler obtained a preliminary injunction against Teva’s threatened launch of a generic version of the drug. Mr. Wexler ensured continued exclusivity of the patent through patent expiration, and successfully defended attempts by Teva to trigger and run out the regulatory exclusivity of a first-filing generic drug applicant.
- Merck & Co., Inc. v. Sandoz Inc.
Mr. Wexler was lead trial counsel for Merck in an action enforcing Merck’s patents protecting its anti-emetic drug product, Emend®. After litigating the case through fact and expert discovery, including obtaining a dismissal of Sandoz’s double-patenting defense, Mr. Wexler obtained a consent judgment for his client that included an injunction against infringement through patent expiration.
- Eisai Co., Ltd. and Eisai Inc. v. Teva Pharmaceuticals USA, Dr. Reddy’s Laboratories and Mylan Laboratories
Mr. Wexler was co-lead trial counsel to Eisai in litigation defending Eisai’s patent covering Aciphex®, an acid reflux drug with annual US sales in excess of $1 billion. Mr. Wexler and his partner Joe O’Malley initially won summary judgment for Eisai of patent validity. They subsequently succeeded at trial in defeating Teva’s and Dr. Reddy’s charges of inequitable conduct, and obtained affirmance of that judgment on appeal. The case established helpful precedent for innovator pharmaceutical companies with respect to the standards for judging obviousness of a compound patent.
- Nycomed v. Teva Pharmaceuticals USA, Inc.
Mr. Wexler represented Wyeth (acquired by Pfizer) and Altana Pharma AG (acquired by Nycomed) in a jury trial against three generic pharmaceutical companies regarding the companies’ $2 billion per year ulcer drug Protonix®. The jury upheld the validity of the patent, permitting the plaintiffs to seek recovery of damages caused by an at-risk generic drug launch.
- Apotex Inc. v. Eisai Co., Ltd. and Eisai Inc.
Mr. Wexler was lead counsel for Eisai defending a declaratory judgment action by Apotex alleging that its generic product did not infringe four Eisai patents relating to Aricept®. In August 2010, in a lengthy opinion analyzing the Hatch-Waxman Act legal framework, Mr. Wexler obtained a dismissal of the action, effectively preventing Apotex from triggering and running out a regulatory exclusivity prior to the expiration of Eisai’s basic patent covering Aricept®.
- Warner-Lambert Company v. Teva Pharmaceuticals USA, Inc.
Mr. Wexler represented Pfizer (Warner-Lambert Company) during a successful bench trial against Teva involving Pfizer’s formulation patent covering its highly successful cardiovascular drug Accupril®. In its decision, the Court found the patent was not invalid for lack of enablement, despite the breadth of the claims. With that trial decision, all issues of infringement, enforceability and validity were decided in Pfizer’s favor in the case after eight years of litigation. The case then settled while the appeal of the enablement ruling was pending.
Speaking Engagements and Publications
- Mr. Wexler’s writing has been published in numerous journals, including Forbes, Law360, IP Magazine, Managing IP, and NYU’s Journal of Intellectual Property and Entertainment Law
- He is a regular speaker at legal seminars, including ACI’s Paragraph IV Disputes conference.
- Mr. Wexler has been frequently quoted with regard to litigation and practice developments, including in the Wall Street Journal, Bloomberg News, Reuters, The Deal and The New York Times
- Mr. Wexler regularly provides his clients with in-house CLE presentations on a variety of topics of interest, and authors client alerts concerning important developments in the law
- New York University School of Law, J.D. (magna cum laude, Order of the Coif)
- Rensselaer Polytechnic Institute, B.S. (summa cum laude, member - Sigma Pi Sigma honor society)