Joseph E. Cwik

Partner

About Joseph E. Cwik

When your product is under attack, Joe Cwik is the litigator you want in your corner. As lead trial lawyer at Amin Talati Upadhye, Joe heads all intellectual property litigation for the firm’s clients. Joe is focused entirely on achieving a successful result for his clients within the court system and before regulatory agencies. His twenty plus years of litigation experience has been sharply focused on consumer health products, especially in industries served by the firm: drug, food, beverage, nutritional supplements and cosmetics. A pioneer in pharmaceutical patent litigation, Joe is known for his innovative litigation strategies which are increasingly emulated by others in this field:  for example, this year he and his team were the first lawyers to successfully defeat a pharma patent through the new Inter Partes Review process (IPR).

A trial lawyer with significant civil litigation experience, Joe has represented numerous clients in disputes involving patents related to pharmaceuticals, dietary supplements, and medical foods. He also represents clients in patent infringement actions involving Abbreviated New Drug Applications filed with the Food and Drug Administration. Recently, Joe acted as lead trial lawyer in the groundbreaking case Merck & CIE, et al. v. Gnosis S.p.A., et al. where his team achieved the first successful invalidation of several pharmaceutical patents through the new IPR process. This matter was also significant as it was the first time the Federal Circuit affirmed the Patent Trial and Appeal Board’s invalidation of a pharmaceutical patent, issuing a substantive opinion defining the standard of review in the new IPR process as “substantial evidence” instead of the less deferential standard of “clear error,” applicable to district court decisions.

Joe also has broad experience in the enforcement of trademarks and copyrights, including obtaining noteworthy victories for prominent clients in the toy industry. He has defended clients against claims of unfair competition, antitrust and related state law claims with favorable results. In the area of business litigation, Joe has prosecuted and defended numerous state and federal business claims involving the False Claims Act, breach of contract, fraud, replevin, anti-kickback statutes and tortious interference.

Clients appreciate Joe’s seasoned judgment gleaned from years in the trenches; his experience as first chair on dozens of matters gives him a deep understanding of how to most effectively communicate his client’s case. Joe’s tightly honed focus and strong leadership enable his team to provide firm clients with a streamlined approach, delivering successful results in a cost effective way.

Joe has been repeatedly recognized as an Illinois Super Lawyer in the area of intellectual property litigation since 2010 and is included in the IAM Patent 1000: The World’s Leading Patent Professionals. Away from the office, the best and most authentic version of Joe can be found trail running or snow and water skiing with his family.