Nicholas N. Kallas, Ph.D.

Partner
Kallas Nicholas

Nick Kallas has extensive patent law experience, focused primarily on patent litigation and pre-lawsuit investigations in matters related to pharmaceuticals, chemicals, food, and consumer products. Nick has significant trial and appellate experience, often serving as lead trial counsel, and brings that experience to bear in his management of cases. Nick has worked with anti-fungal, herpes, breast cancer, osteoporosis, anti-cholesterol, ophthalmic, anti-cholinesterase, and immunosuppressant drugs; microemulsion, enteric coating, and delayed-release pharmaceutical formulations; and crystalline drug products.

Experience

Representative Matters

  • Represented Novartis v. Breckenridge, West-Ward and Par (Zortress® (everolimus)) for kidney and liver transplants) (D. Del., Fed. Cir., PTAB-IPR)
  • Represented Novartis v. West-Ward (Afinitor® (everolimus)) for renal cell carcinoma and pancreatic neuroendocrine tumors) (D. Del., Fed. Cir., PTAB-IPR)
  • Represented Novartis v. Par (Afinitor® (everolimus) for breast cancer) (D.Del.)
  • Represented Novartis v. Breckenridge (Afinitor® (everolimus) for renal cell carcinoma, renal angiomyolipoma, and tuberous sclerosis complex) (D. Del., PTAB-IPR)
  • Represented Novartis v. Mylan (Afinitor® Disperz (everolimus) for tuberous sclerosis complex with subependymal giant cell astrocytoma) (D. Del.)
  • Served as lead counsel to Novartis and LTS Lohmann Therapie-Systeme v. Noven Pharmaceuticals Inc. (rivastigmine Alzheimer ’s disease transdermal patch) (D. Del.)
  • Served as lead counsel to Novartis and LTS Lohmann Therapie-Systeme v. Watson and Actavis (rivastigmine Alzheimer’s disease transdermal patch) (D. Del.)
  • Served as lead counsel to Novartis v. Apotex and Mylan (enteric coated mycophenolate sodium immunosuppressant drug) (D.N.J.)
  • Served as lead counsel to Novartis v. Mylan (fluvastatin sodium, anti-cholesterol drug) (D.N.J.)
  • Represented Novartis v. Teva (famciclovir herpes drug) (D.N.J.)
  • Served as lead counsel to Novartis v. Mylan (letrozole breast cancer drug) (D.N.J.)
  • Served as lead counsel to Novartis v. Watson, Sun and Dr. Reddy’s (rivastigmine tartrate Alzheimer’s disease drug) (S.D.N.Y.)
  • Served as lead counsel to Novartis v. Apotex (calcitonin osteoporosis drug) (S.D.N.Y.) Novartis v. Dr. Reddy’s (terbinafine anti-fungal drug) (S.D.N.Y.)
  • Represented Parker Laboratories v. Pharmaceutical Innovations (ultrasound transmission gel product) (S.D.N.Y.)
  • Served as lead counsel to Novartis v. Abbott (cyclosporine microemulsion drug) (D. Del. and Fed. Cir.)
  • Served as co-trial counsel to Grain Processing v. American Maize-Products (maltodextrin food additives) (N.D. Ill. and Fed. Cir.)
  • Served as lead counsel to Ben Venue v. Novartis (pamidronate disodium drug) (D.N.J.) and Ciba-Geigy v. Crompton & Knowles (red monoazo sulphonic acid dyes) (E.D. Pa.)
  • Represented S.C. Johnson & Son v. Gillette (shaving gel product) (D. Mass. and Fed. Cir.)
  • Represented S.C. Johnson & Son v. Carter-Wallace (shaving gel product) (S.D.N.Y. and Fed. Cir.)

Representative Clients

  • Novartis
  • S.C. Johnson & Son

Insights

Credentials
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Education

  • J.D. with honors The Ohio State University, Michael E. Moritz College of Law 1982
  • Ph.D. Food Science The Ohio State University 1979
  • M.S. Food Science The Ohio State University 1977
  • B.S. Microbiology The Ohio State University 1974

Bar Admissions

  • New York
  • U.S. Patent and Trademark Office

Court Admissions

  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York

Recognition
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Clients recognize Nick’s commitment, knowledge, and professionalism, noting that he "consistently does an excellent job" (Client Report Card, 2014). Clients who have worked with Nick "for 20 years, would refer him and his firm without hesitation." (U.S. News – The Best Lawyers, 2010 - 2011).

  • Recognized in Legal 500, Intellectual Property - Patents: Litigation (full coverage), 2019 
  • Included in “Top New York City Intellectual Property Litigators,” Super Lawyers, New York Metro Edition, 2013 - 2015