Russell Chorush

Partner
1111 Bagby, Suite 2100 | Houston, TX 77002
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About Russell Chorush

Dr. Russell Chorush specializes in patent infringement and antitrust cases, particularly in the high technology arena of pharmaceutics and the Hatch-Waxman Act. He has represented various clients in litigation in fields ranging from electronics to chemicals, but focuses primarily on reverse-payment pharmaceutical cases brought under the Sherman Antitrust Act and FTC v. Actavis, Inc., 133 S. Ct. 2223 (2013). In these cases, he has litigated (or is currently litigating) the merits of patents relating to a large number of different drug products including Namenda®, Provigil®, Tricor®, Neurontin®, Buspar®, Lipitor®, K-Dur®, Aggrenox®, Lidoderm®, and Neurontin®. The cases on which Russ has worked have achieved recoveries well in excess of $2 billion and he has prevailed in each case he has tried to a final decision. Prior to his professional law practice he graduated valedictorian from the University of Houston Law Center in May 2001 and obtained the top score on the July 2001 Texas State Bar examination.

While at the University of Houston Law Center, Russ served as the Notes & Comments editor on the Houston Law Review and received the following awards: the National Burton Award for Legal Achievement, the Dean’s Scholarship, the Baker Botts Award, the West Group Outstanding Scholastic Achievement Award, the Suzanne White Booker Student Scholarship, the Locke Liddell & Sapp LLP IP and Technology Scholarship, the Hutcheson & Grundy Scholarship, the Joan Garfinkel Glantz Prize, the Griggs & Harrison Award, and the LEX Awards (top score in his law school section) in civil procedure, torts I, torts II, property II, and contracts II.

Prior to law school, Russ served as a laboratory manager for Texas Instruments, Inc. (“TI”) and Air Liquide Corporation. He is a co-author of the book “Handbook of Chemicals and Gases for the Semiconductor Industry” as well as a number of published articles and is a named inventor on several patents assigned to TI. Dr. Chorush is an author of six published articles in peer-reviewed journals including the Journal of the American Chemical Society, Analytical Chemistry and the Journal of Mass Spectrometry. He received his Ph.D. in chemistry from Cornell University in 1994 and a B.S. in chemistry from the University of Texas at Austin in 1989.

Notable Current Cases
  • King Drug Company of Florence, Inc. et al., v. Abbott Laboratories et al., Civ. No. 2:19-cv-3565 (E.D. Pa.) (representing plaintiffs in lawsuit relating to the brand name pharmaceutical AndroGel®)
  • In re Lamictal Antitrust Litigation, Civ. No. 2:12-cv-995 (D.N.J.) (representing plaintiffs in lawsuit relating to the brand name pharmaceutical Lamictal®)
  • King Drug Company of Florence, Inc. et al., v. Abbott Laboratories et al., Civ. No. 2:19-cv-3565 (E.D. Pa.) (representing plaintiffs in lawsuit relating to the brand name pharmaceutical AndroGel®)
  • In re Lamictal Antitrust Litigation, Civ. No. 2:12-cv-995 (D.N.J.) (representing plaintiffs in lawsuit relating to the brand name pharmaceutical Lamictal®)
  • Burlington Drug Co., Inc. v. Pfizer Inc. et al., Civ. No. 3:12-cv-02389 (D.N.J.) (representing plaintiffs in lawsuit relating to the brand name pharmaceutical Lipitor®)
  • In re Niaspan Antitrust Litigation, Civ. No. 2:13-md-02460 (E.D. Penn.) (representing plaintiffs in lawsuit relating to the brand name pharmaceutical Niaspan®)
  • In re Opana ER Antitrust Litigation, MDL No. 2580, Civ. No. 14-cv-10150 (N.D. Ill.) (representing plaintiffs in lawsuit relating to the brand name pharmaceutical Opana ER®)
  • In re: EpiPen Direct Purchaser Litigation, Civ. No. 20-cv-00827 (D. Minn) (representing plaintiffs in lawsuit relating to the brand name drug product Epi-Pen®)
  • In re Novartis and Par Antitrust Litigation, Civ. No. 1:18-cv-04361 (S.D.N.Y) (representing plaintiffs in lawsuit relating to the brand name pharmaceutical Exforge®)
  • Rochester Drug Co-Operative, Inc. v. Eli Lilly & Co., Civ. No. 3:20-cv-03426 (D.N.J.) (representing plaintiffs in lawsuit relating to the pharmaceutical products containing insulin)
  • J M Smith Corporation v. AstraZeneca Pharms. L.P., Civ. No. 19-cv-07233 (S.D.N.Y) (representing plaintiffs in lawsuit relating to the brand name pharmaceutical Seroquel®)
Notable Past Cases
  • In re Namenda Antitrust Litigation, Civ. No. 15-cv-7488 (S.D.N.Y) (successfully represented plaintiffs in a case involving the prescription drug product Namenda® that settled for $750M)
  • King Drug Company of Florence, Inc. et al. v. Cephalon, Inc., et al., Civ. No. 2:06-cv-1797 (E.D. Pa.) (successfully represented plaintiffs in a case involving the prescription drug product Provigil® that settled for well above $500M)
  • In re Aggrenox Antitrust Litigation, 3:14-md-02516 (D. Conn.) (successfully represented plaintiffs in a case involving the prescription drug product Aggrenox® that settled for $146M)
  • In re K-Dur Antitrust Litigation, MDL Docket No. 01-MD-1419 (D.N.J) (successfully represented plaintiffs in a case involving the prescription drug product K-Dur® that settled for $60.2M)
  • In re Lidoderm Antitrust Litigation, Case No. 14-md-02521 (N.D. Cal.) (successfully represented plaintiffs in a case involving the prescription drug product Lidoderm® that settled for $166M)
  • In re Tricor Antitrust Litigation, Civ. No. 05-CV-340 (D. Del.) (successfully represented plaintiffs in a case involving the prescription drug product Tricor® that settled for $250M)
  • In re Buspirone Antitrust Litigation, Civ. No. 01-MDL-1410 (S.D.N.Y) (successfully represented plaintiffs in a case involving the prescription drug product Buspar® that settled for $220M)
  • In re Neurontin Antitrust Litigation, MDL Docket No. 02-MD-1479 (D.N.J.) (successfully represented plaintiffs in a case involving the prescription drug product Neurontin® that settled for $190M)
  • In re Terazosin Hydrochloride Antitrust Litigation, MDL Docket No. 99-MDL-1317 (S.D. Fla.) (successfully represented plaintiffs in a case involving the prescription drug product Hytrin® that settled for $74.5M)
  • In re Remeron Antitrust Litigation, Civ. No. 2:02-CV-02007 (D.N.J.) (successfully represented plaintiffs in a case involving the prescription drug product Remeron® that settled for $75M)
  • UniRAM Technology, Inc. v. Monolithic System Technology et al, Civ. No. 04-CV-1268 (N.D. Cal.) (represented plaintiff, which obtained a significant jury verdict, a substantial judgment, a successful bench opinion on inequitable conduct, and a favorable confidential settlement)
  • PACT XPP Technologies, AG v. Xilinx, Inc. and Avnet, Inc., Civ. No. 2:07-cv-563 (E.D. Tex.) (represented plaintiff, which obtained a significant jury verdict, a substantial judgment, and a favorable confidential settlement)
  • Rochester Drug Co-Operative, Inc. v. Braintree Laboratories, Inc., Civ. No. 07-cv-142 (D. Del.) (successfully represented plaintiffs in a case involving the drug product Miralax® that settled for $17M)
  • ROY-G-BIV Corporation v. Fanuc Ltd. et al., Civ. No. 2:07-cv-418 (E.D. Tex.) (successfully represented plaintiff, which obtained a favorable and substantial confidential settlement)
  • ROY-G-BIV Corporation v. ABB, Ltd. et al., Civ. No. 6:11-CV-00622 (E.D. Tex.) (successfully represented plaintiff, which obtained a favorable and substantial confidential settlement)
  • ROY-G-BIV Corporation v. Honeywell Int’l, Inc. et al., Civ. No. 6:11-cv-623 (E.D. Tex.) (successfully represented plaintiff, which obtained a favorable and substantial confidential settlement)
  • ROY-G-BIV Corporation v. Siemens Corporation et al., Civ. No. 6:11-CV-00624 (E.D. Tex.) (successfully represented plaintiff, which obtained a favorable and substantial confidential settlement)
Awards & Honors
  • Named Top 1000 Leading IP Professional in Intellectual Asset Management’s (IAM) Patent 1000 (2020)
  • Best Lawyers in America (U.S. News & World Report), 2018-2021
  • Texas Super Lawyers by Thomson Reuters, 2019-2020
  • Texas Rising Stars by Thomson Reuters, 2005-2007, 2010-2011
  • University of Houston Law Center Rising Star Award, 2005
  • Recipient of the highest score on the July 2001 Texas Bar Exam
  • Valedictorian of the University of Houston Law Center Class of 2001

  

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