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Nicholas Mitrokostas

Partner

Boston

Image of Nicholas Mitrokostas
Nicholas Mitrokostas

Partner

Boston

Nick, a partner in the Intellectual Property practice, is an experienced Life Sciences trial attorney who focuses on representing innovator companies in intellectual property, trade secret, licensing and antitrust disputes. A litigator known for his trial skills, Nick has extensive experience representing clients in the pharmaceutical, biotechnology, and medical device industries in federal and state courts as well as before the Patent Trial and Appeal Board (PTAB). He has a wide-ranging pharmaceutical experience in the biologics and small molecule space. 

Nick has expertise in counseling emerging and small and mid-cap Life Sciences companies in late stage drug development (i.e., Phase III clinical trials) 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. Having previously represented generic and biosimilar companies in litigation, as part of his counseling practice, Nick works with companies to develop strategies for maximizing regulatory and patent exclusivity as well as mitigating risks associated with product launch in the United States.

Nick also has experience counseling and representing higher educational institutions in intellectual property matters. He also devotes significant time to representing pro bono clients in criminal and immigration matters. Nick also has expertise on emerging issues relating to artificial intelligence and machine learning in the Life Sciences space.

Earlier in his career, Nick served for seven months as a Special Assistant District Attorney for Middlesex County (D. 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.

Nick serves on the Boston Bar Association’s IP Committee and chairs the IP in Review Committee. Nick is a frequent author and speaker in the legal industry focused on life sciences and intellectual property issues. He has served as an adjunct professor teaching Patent Law at Northeastern University School of Law and has guest-lectured in other courses.

Speaking engagements:

  • Speaker, Boston Bar Association Webinar, IP Year in Review, January 26, 2022
  • Speaker, MJH Life Sciences News Network Center for Biosimilars, How COVID-19 FDA Rule Changes Are Shaping the Biosimilar Market, June 23, 2020

  • Speaker, FDA News, Biosimilars on the Rise: The Latest on FDA’s Guidelines and Guidances, June 3, 2020

  • 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

Related articles

Publications: 27 April 2022

Webinar: Orange Book listing sheets under the microscope

Read more

News: 25 February 2022

Allen & Overy expanding life sciences intellectual property litigation practice with five new U.S. partners and launching in Boston

Read more

Experience highlights

Expertise

Practices

Intellectual Property

Sectors

Life Sciences

Office

Boston

Allen & Overy LLP
One Beacon Street
Boston
MA 02108

View office →

Qualifications

Professional

Admitted: State Bar of Massachusetts, 2003

Admitted: State Bar of New York, 2006

U.S. District Court , 

Academic

J.D, magna cum laude, Order of the Coif, Georgetown University Law Center, 2003

A.B., magna cum laude, Harvard College, 1999

Recognition

Awards & accolades

Acritas Star, 2018 – 2020

Acritas Star, 2018 – 2020

Stand-out Lawyer

Thompson Reuters, 2021

Rising Star

Super Lawyers, 2011-2017

Published Work

  • 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