Biography
Mark H. Izraelewicz is a partner at Marshall, Gerstein & Borun LLP. He recently led CureVac’s U.S. litigation strategy in its high-profile mRNA patent dispute against Pfizer and BioNTech concerning COVID-19 variant-adapted vaccines and related manufacturing technology, culminating in a global resolution announced in August 2025. Under the agreements, CureVac and GSK received a $740 million payment plus single-digit royalties on U.S. COVID-19 vaccine sales going forward. Mark has tried cases as first-chair trial counsel and argued appeals to the Federal Circuit, delivering winning results for life-sciences innovators.
Mark’s success is rooted in a deep scientific background in synthetic organic chemistry and experience prosecuting patent applications. He has represented clients including Spectrum Pharmaceuticals in a series of litigations and at trial, including as first-chair trial counsel in a January 2015 bench trial and subsequent appeal involving Spectrum’s oncology drug Fusilev®. Mark’s training includes an M.S. in chemistry, cutting-edge research at The Scripps Research Institute, and applied work at Abbott Laboratories. He has been selected as one of the “World’s Leading Patent Practitioners” by Intellectual Asset Management (IAM) magazine since 2015, and has been included in the Super Lawyers® lists since 2018, and as a “Leading Lawyer” by Leading Lawyers, a division of Law Bulletin Media.
Representative Experience
- Led CureVac’s U.S. litigation strategy in high-profile patent litigation against Pfizer and BioNTech concerning Comirnaty® COVID-19 vaccine and mRNA manufacturing technology, culminating in an August 2025 global resolution that included a $740 million payment to CureVac and GSK plus single-digit royalties on U.S. COVID-19 vaccine sales going forward.
- Served as first-chair trial and appellate counsel in litigation asserting Spectrum Pharmaceuticals’ patent to block FDA approval of Sandoz’s Abbreviated New Drug Application to market a generic form of Spectrum’s oncology drug Fusilev®.
- Successfully tried a case concerning the ownership of patents covering Applied Biosystems’ next-generation DNA sequencing machines for Illumina in the U.S. District Court for the Northern District of California.
- As a member of the trial team, successfully protected Amgen and its blockbuster drug Epogen® against an attempt by Hoffman-LaRoche to bring a competing product to market in the U.S. District Court for the District of Massachusetts.
Background and Credentials
Mark assists clients in all aspects of patent practice, with an emphasis on patent litigation in the U.S. District Courts. He has technical expertise in chemistry, biochemistry, and biotechnology.
Mark received his law degree from The University of Chicago Law School, where he was a Baker Scholar. Prior to law school, he was a chemist at Abbott Laboratories in North Chicago, where he developed processes for production of drug candidates for use in biological testing.
While completing his M.S. at the University of California-San Diego, Mark was the recipient of the Harold C. Urey Graduate Fellowship. As a graduate student, he engaged in cutting-edge research at The Scripps Research Institute under the direction of Professor K.C. Nicolaou. His primary research interests focused on the total synthesis of complex, naturally-occurring compounds. He received a B.S. in biochemistry from the State University of New York at Buffalo, where he conducted research in both chemistry and biochemistry and was the recipient of the Ronald E. McNair Undergraduate Research Fellowship for the promotion of undergraduate scientific research.
Education
- The University of Chicago Law School (J.D.)
- University of California, San Diego (M.S.)
- Chemistry
- State University of New York, Buffalo (B.S.)
- Biochemistry
Bar Admissions
Publications and Presentations
- "What To Expect In Patent Litigation This Year," co-author, Law360, January 3, 2020.
- “Avoiding Willful Infringement Under the Evolving Willfulness Standard,” IP Strategy Summit: Orange County, February 23, 2017.
- “Strategies to Avoid Willful Infringement Under the Evolving Standard for Willfulness,” IP Defense Summit: Boston, November 3, 2016.
Representative Matters
Spectrum Pharmaceuticals, Inc. et al.* v. Sandoz Inc.
District of Nevada; Federal Circuit
Spectrum Pharmaceuticals, Inc. et al.* v. Mylan Teoranta et al.
Federal Circuit
Allos Therapeutics, Inc., et al.* v. Teva Pharmaceuticals USA, Inc., et al.
District of Delaware
Eli Lilly & Co.* v. Synthon, Inc. et al.
Eastern District of North Carolina
Amgen Inc.* v. F. Hoffman LaRoche et al.
District of Massachusetts
Pfizer, Inc. & Northwestern Univ.* v. Teva Pharms. Inc., et al.
District of Delaware
Applera Corp. -- Applied Biosystems Group v. Illumina Inc., et al.*
Northern District of California; Federal Circuit
Illumina Inc., et al.* v. Complete Genomics, Inc.
Northern District of California
Danisco A/S* v. Novozymes A/S
Southern District of New York
Default Proof Credit Card System v. Home Depot U.S.A.*
Southern District of Florida; Federal Circuit
Golden Voice Technology & Training* v. Rockwell International, et al.
Middle District of Florida; Federal Circuit
Mass Engineering Design, Inc & Jerry Moscovitch v. CDW Corp.* et al.
Eastern District of Texas
Dimplex N.A., Ltd. v. Twin Star Int'l, Inc.* and Menards, Inc.*
Northern District of Illinois
Headwaters, Inc. v. AKJ Industries, Inc.* and Polymer Ventures, Inc.*
Eastern District of Kentucky
Etymotic Research, Inc. v. Phonak, LLC *and Phonak AG*
Northern District of Illinois
David H. Sitrick* v. Freehand Systems Inc.
Northern District of Illinois
Bob Creeden & Associates, Ltd. v. Infosoft, Inc.*
Northern District of Illinois
*Party Represented