FacultyFaculty/Author Profile
Scott Sukenick

Scott Sukenick

Cooley LLP
Associate
New York, NY, USA


Scott Sukenick is an associate in Cooley's Intellectual Property group in the Litigation department. He joined the firm in 2012 and is resident in the New York office.

Mr. Sukenick focuses on the life sciences, litigating a wide variety of patent and contract disputes across the pharmaceutical, nutraceutical, biotechnology, and medical device fields. He recently represented Gilead Sciences, Inc. in a bet-the-company arbitration over exclusive rights to Gilead's breakthrough hepatitis C drug, Sovaldi®. In a dispute that turned on the interpretation of a key technical term in a collaboration agreement, the arbitration panel ruled that the competitor had no rights to Sovaldi®. Mr. Sukenick also recently represented Neptune Technologies & Bioressources, Inc., a pioneer in the research and development of omega-3-rich krill oil products, helping to achieve favorable settlement of patent litigation in the U.S. International Trade Commission.

Mr. Sukenick has successfully represented pharmaceutical companies in Hatch-Waxman/ANDA litigations, obtaining trial victories and favorable settlements in defense of patents covering blockbuster antibiotic, antilipidemic, and anti-hypertension drugs. He currently represents Otsuka Pharmaceutical Co, Ltd. in ANDA litigation over Otsuka's hyponatremia treatment, Samsca®. Mr. Sukenick has also represented medical device companies in patent litigation over technologies ranging from diabetes test strips to in-home adjustable hospital beds, including obtaining a jury trial victory for the manufacturer of market-leading contact lenses.

Outside of the life sciences, Mr. Sukenick's experience includes successfully defending a major law firm against fraud and malpractice claims and achieving a favorable settlement for a major bank in bankruptcy proceedings. His pro bono experience includes representing a Guinean abuse victim in her successful request for asylum before the Immigration Court.

Prior to joining Cooley, Mr. Sukenick was an associate for four years at Simpson Thacher & Bartlett LLP and two years at Patterson Belknap Webb & Tyler LLP.

Mr. Sukenick obtained his J.D. in 2006 from Harvard Law School, where he served as an editor of the Harvard Journal of Law and Technology. He graduated from Duke University in 1999, magna cum laude, with a B.S. in Biology and a B.A. in Chemistry.

Mr. Sukenick is a member of the State Bar of New York and is admitted to practice before the Southern and Eastern Districts of New York.

Education

  • Harvard Law SchoolJD, 2006
  • Duke UniversityBS, 1999, magna cum laude
  • Duke UniversityBA, 1999, magna cum laude

Bar Admissions

  • New York

Court Admissions

  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York

Presentations

  • "Overview of Hatch-Waxman/ANDA Litigation," CLE presented on August 27, 2014
  • "Overview of the Patent Marking Requirement & False Marking," CLE presented on June 26, 2013
  • "Patent and Non-patent Exclusivities for Drugs and Biologics," CLE presented on August 28, 2012
  • "The America Invents Act," CLEs presented on September 27, 2011 and November 1, 2011
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