Mark Godler has more than 30 years of legal experience encompassing a broad range of litigation work and counseling services, with special focus on intellectual property, commercial disputes and antitrust issues. He has worked closely with clients in the pharmaceutical, entertainment, publishing, fashion, textile, cosmetic and luxury goods industries, providing practical advice that assists clients in achieving their business and legal objectives.

Mr. Godler has successfully litigated trademark and copyright infringement, unfair trade practices, consumer protection, antitrust, and pharmaceutical pricing matters for domestic and multinational corporations, in federal and state courts throughout the US.  He has also handled Federal Trade Commission investigations and merger matters.  Mr. Godler has also provided practical advice and counsel with respect to trademarks and copyrights, marketing and distribution practices, joint ventures and other cooperative arrangements, and licensing agreements. In addition, he is responsible for the firm’s trademark registration practice, and oversees the firm’s filing and maintenance program for trademarks.

Experience

  • Major multi-national pharmaceutical manufacturer in obtaining the reversal of a US$33 million jury verdict and judgment in a Medicaid fraud action brought by the State of Alabama against the client. In Novartis Pharmaceuticals Corporation v. State of Alabama (Supreme Court of Alabama), we led a team of national and Alabama counsel and the Alabama Supreme Court reversed, finding that the case should never have been put to the jury in light of the documentary record presented at trial, and ordered judgment entered on behalf of the defendant-appellant.
  • Pharmaceutical manufacturer in actions brought by or on behalf of state Medicaid agencies asserting that prescription drug manufacturers reported inaccurate pricing benchmarks, allegedly violating various of their individual state fraud, consumer protection and other laws. Cases include State of Alaska v. Alpharma, Inc., et al.; State of Idaho v. Aventis Pharmaceuticals Inc., et al.; State of Illinois v. Abbott Labs, Inc., et al.; Commonwealth of Kentucky v. Alpharma, Inc., et al.; State of Louisiana v. Abbott Labs, Inc., et al.; State of Mississippi v. Abbott Labs, Inc., et al.; State of Oklahoma v. Abbott Labs, Inc., et al.; and State of Wisconsin v. Amgen, Inc., et al.
  • Brand name pharmaceutical manufacturer against third party payor health plans claims that it brought so-called “sham” litigation to enforce patents in an effort to impede generic competition. United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, et al. v. Novartis Pharmaceuticals Corporation, et al. (US District Court, D. Mass.).

Credentials

Education
  • JD, New York University, 1982
  • BA, State University of New York at Stony Brook, 1976
Admissions
  • New York
  • US District Court, Eastern District of New York
  • US District Court, Southern District of New York
Activities
  • Member, American Bar Association

Overview

Email Disclaimer