Nick Mitrokostas
Nick Mitrokostas
Nick Mitrokostas
Nick Mitrokostas

“He put together a really fantastic team for a matter in which they represented us…the team was successful, and we had a great result. He is a nice guy and I always enjoyed working with him.” - Acritas

“Excel[s] in contentious arenas, earning nationwide reputation as reliable and steady hands for leading life sciences companies.” - IAM Patent 1000, 2025

Biography

Nick Mitrokostas is a first chair trial lawyer with over two decades of experience litigating high stakes patent, trade secret, licensing and antitrust disputes for innovator life sciences companies.  He is a partner in the Boston office and co-head of the Global Life Sciences industry group.

A litigator known for his trial skills, Nick has been lead trial counsel in numerous patent litigations and arbitrations involving pharmaceuticals, diagnostic testing and medical devices and products. Nick’s extensive experience spans clients focusing on wide-ranging technologies including the pharmaceutical, biotechnology, and device industries, and various fora including federal and state courts as well as before the Patent Trial and Appeal Board (PTAB) and the International Trade Commission (ITC).  Nick has also coordinated global patent enforcement strategies and provided multinational clients with representation and counseling in the U.K., various national jurisdictions in the EU, and at the European Patent Office.

In addition to representing large multinational corporations, Nick has expertise in representing and counseling emerging, small and mid-cap life sciences companies in later stage drug development on issues pertaining to patent and regulatory exclusivities including patent term extension (PTE), patent listing requirements, and pre-commercial and launch assessments and litigation risks. He advises clients in developing strategies for maximizing regulatory and patent exclusivity as well as mitigating risks associated with product launch in the United States.  Nick also counsels and represents universities and higher educational institutions in intellectual property matters.

Nick is a frequent speaker and author and an authority on emerging issues relating to digital health, artificial intelligence and machine learning in the life sciences space.  He has co-chaired various committees of the Boston Bar Association’s IP section as well as the Pharmaceutical and Biotech Committee of the Intellectual Property Owners organization (IPO).

Earlier in his career, Nick served for seven months as a Special Assistant District Attorney for Middlesex County (Mass.) where he prosecuted more than 200 cases, tried more than 15 jury and non-jury misdemeanor and felony cases, and argued numerous dispositive and evidentiary motions. He was also part of the special counsel team that was appointed by the Massachusetts Attorney General to investigate and prosecute companies involved in the collapse of the ceiling in the Massachusetts Central Artery Tunnel (“Big Dig”) killed Milena Del Valle.  He devotes significant time to representing pro bono clients in criminal and immigration matters.
 

Experience

Representative Matters

Lead counsel for Esperion Pharmaceuticals, Inc. as NDA-holder and patent owner in ANDA litigation against nine generic drug companies who are seeking approval for generic versions of Experion’s commercial products NEXLETOL® and NEXLIZET®.

Co-lead counsel for the Trustees of the University of Pennsylvania as patent owner in connection with asserting infringement of U.S. Patent No. 7,625,558 (methods of treating cancer tumors) by Genentech's Herceptin, Perjeta, and Phesgo products.  The matter was settled favorably following a successful summary judgment decision for Penn.*

Counsel for Novartis Pharmaceuticals on its defense of the validity of its US Patent No. 9,220,631 (pre-filled syringe drug product patent) before the Patent Trial and Appeal Board.*

Counsel for Wonderland Switzerland AG against Dorel Juvenile Group and Roadmate Trading (and affiliated entities) in its enforcement of US patents involving infant car seat mechanisms before the ITC and US District Court.*

Counsel for the Trustees of the University of Pennsylvania successful representation in an inter partes review proceeding involving patents directed to the treatment of hypercholesterolemia and hyperlipidemia with a novel dosing regimen for the drug lomitapide. The PTAB issued Final Written Decisions upholding the validity of the two patents at issue.*

Nektar Therapeutics patent owner representation in invalidity challenge brought by licensee. The matter involved coordinating invalidity challenges in multiple foreign jurisdictions, including Switzerland and Germany, in addition to the US proceeding. The matter was successfully resolved through a settlement agreement.*

Curadev, Inc., as plaintiff, against the University of Texas Southwestern and two of its professors relating to their trade secrets misappropriation.*

AI Drug Discovery Company representation in a cross-border licensing transaction and related with another biotech company. His work included IP due diligence.*

Innovator pharmaceutical client Cephalon, Inc.'s co-lead trial counsel in a successful verdict in patent litigation against 18 defendants involving its branded cancer drug, TREANDA®.*

Pro Bono

Representing the ACLU of Massachusetts against Bristol County District Attorney’s Office regarding its violations of the Freedom of Information Act under Massachusetts law.*

Representing individuals seeking political asylum or withholding of removal under US law.*

Represented Michael Cowels in his successful motion for a new trial after a wrongful conviction for murder.*

Represented a juvenile criminal defendant in his appeal of criminal proceedings and subsequent release on parole.*

*Experience prior to joining White & Case.

Massachusetts
New York
US Supreme Court
US District Court for the District of Massachusetts
US District Court for the District of New York
JD
Georgetown University Law Center

magna cum laude, Order of the Coif

AB
Harvard College

magna cum laude

English
Greek

Ranked in Intellectual Property - Massachusetts, Chambers USA, 2025

IAM Patent 1000, IAM, 2022-2025

Leading Life Sciences Lawyer, LMG Life Sciences, 2022, 2023, 2024

Massachusetts “Go To Lawyer for Life Sciences,” 2024

Rising Star and Super Lawyers, 2011-2024

Stand-out Lawyer, Thompson Reuters, 2021-2022

Acritas Star, 2018 – 2020

Speaker, ACI Conference on Paragraph IV Litigation, Patent Family Dynamics: How to Address ODP Concerns Presented by Cellect , June 28, 2025

Speaker, ACI Conference on Hatch-Waxman Patent Litigation, Navigating Patent Exclusivity and Regulatory Compliance , April 2024

Speaker, ACI Summit on Biosimilars & Innovator Biologics, The Current State of the Skinny Label Regime: Press Release Language, Marketing Materials, and the Liability for Insurance Companies, June 28, 2022

Speaker, Boston Bar Association Webinar, IP Year in Review, January 26, 2022

Speaker, FDANews Webinar on Recent Developments at FDA re: Biosimilars, June 1, 2020 Speaker, BBA Webinar: The Experts Speak: Best Practices on Selecting and Working with Expert Witnesses, May 27, 2020

Speaker, MIT Enterprise Forum: Athens, Greece Webinar on Key IP Considerations for Emerging Companies, May 13, 2020

Author of “Post-Issuance Review and Reexamination of Patents” in the American Bar Association’s publication, Biosimilars Litigation and Client Counseling (2024)

Quoted (July 2022), "A Supreme Court review of a contentious patent issue would change the way pharma claims discoveries," STAT News

Co-Author (July 1, 2021), “Patent and Regulatory Challenges in AI’s Use in Life Sciences,” MedTech Intelligence

Co-Author (March 2019) “Increasing Biosimilar Competition: Trends in Government Responses,” BioprocessOnline

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