Marshall, Gerstein & Borun LLP

Representative Experience 

Mr. Muczynski's technical areas of experience in pharmaceuticals range from chemical synthesis and purification, to pharmaceutical delivery and dosage forms, to diagnosis and treatment methods, to medical devices.  He has also acquired an understanding of related technologies including analytical techniques and pharmacokinetics.

Representative examples from his patent prosecution and opinion practice include: crystal polymorphism, diagnostic methods, dosing regimens for improved safety and efficacy, modified release formulations, stabilized API and oral dosage formulations, and medical devices including catheter locks, syringe pumps, respiration monitors, and transdermal delivery devices.

He also advises clients on legal issues relating to generic drugs, lifecycle management, Orange Book listings, and patent term extensions.  He has substantial experience in preparing and prosecuting patent applications under the USPTO accelerated examination program.

Outside the pharmaceutical space, Mr. Muczynski has experience in a diverse range of technologies, including analytical instruments and techniques (e.g., AFM, CLSM, FTIR, and SEM), chemical process engineering (including environmental pollution control and minerals processing), engineered paper and wood products, formulation chemistry (including cosmetics and other personal care products, inks, and polymer films), fuel chemistry (including biofuels and other synthetic fuels), nanotechnology (including non-cantilevered nanoprobe arrays and nanolithography methods), and semiconductor processing.

Background and Credentials 

Michael Muczynski's practice includes strategic portfolio management as well as preparing patent applications, domestic and foreign patent prosecution, and validity and infringement opinions.  A substantial part of his practice involves counseling clients on strategic decisions for patenting of inventions relating to pharmaceutical products in view of FDA regulations, related exclusivity provisions, and the competitive landscape. 

His prior litigation practice included substantial experience in generic pharmaceutical litigation relating to ANDA filings under the Hatch-Waxman amendments to the Federal Food, Drug and Cosmetic Act.    

Mr. Muczynski has been awarded an AV^® Peer Review Rating by LexisNexis Martindale-Hubbell, and was recently recognized as an "Illinois Rising Star" by Law & Politics, based on the judgment of his peers.

He chairs the firm's docketing committee and is active in associate mentoring and education within the firm.

Mr. Muczynski is admitted to practice in the state of Illinois, the U.S. District Court for the Northern District of Illinois, and before the U.S. Patent and Trademark Office.

Mr. Muczynski earned a J.D. degree from The University of Michigan Law School in 1997 and a B.S. degree in Chemical Engineering from Michigan State University in 1993.  

Publications and Speeches 

Mr. Muczynski regularly lectures on current topics in patent law to clients and prospective clients.  He has also presented educational seminars on intellectual property law to audiences including non-IP law firms and alumni groups.  

• "Around The Water Cooler," Chicago Lawyer, October 26, 2009
• Green IP - Grow Into Green Speaker Event, September 25, 2009. 
• Raising Your Patent IQ - Illinois Technology Development Alliance Entrepreneur Briefcase, September 2008. 

Community and Professional Involvement 

• Intellectual Property Owner's Association (IPO) Patent Law (U.S.) Committee
• American Intellectual Property Law Association
• American Bar Association’s Advisory Panel

Short Biography