F. Dominic Cerrito (Nick)
Partner

Contact

(T) +1.212.326.3413
(F) +1.212.755.7306

Education

  • New York Law School (J.D. 1991); Case Western Reserve University (B.S. in Chemistry 1988); United States Air Force Academy, Colorado Springs (1984-1985)

Bar Admissions

  • New York and registered to practice before the United States Patent and Trademark Office

Nick Cerrito's practice focuses on Hatch-Waxman litigation and client counseling in the pharmaceutical industry, with an emphasis on creating strategies at the interface of patent and FDA laws. He has represented large innovator pharmaceutical companies, established biotechnology companies, and start-ups. Nick's practice also includes transactional work and due diligence in the areas of pharmaceutical product acquisition, strategic planning, and patent prosecution strategies.

Nick is currently representing the patentee for Namenda®, a product approved for the treatment of Alzheimer's disease, which has annual revenues in excess of a billion dollars. He is also lead counsel for the patentee in Hatch-Waxman cases relating to Thalomid®, Skelaxin®, and Avinza®. Nick's past representations include Altace®, Oxycontin®, Cardizem®, and Sonata®. As co-lead trial counsel, he successfully represented the only defendant to prevail in the first-wave Prilosec® litigation, at that time the largest pharmaceutical litigation ever. In connection with Duricef®, Nick was part of the litigation team that established for the first time that the in vivo conversion of a drug into a patented compound can be an act of patent infringement.

Nick is co-head of the Firm's pharmaceutical group. He has been an invited lecturer at numerous conferences focusing on the Hatch-Waxman Act and on pharmaceutical litigation and pharmaceutical patent strategies.

Nick was previously a partner at Pennie & Edmonds LLP.


F. Cerrito Dominic Nick