David Krinsky is a litigator who focuses on patent and other high-technology litigation. He has litigated major patent cases in technical fields ranging from molecular biology and medicinal chemistry to software, telecommunications, and energy. As a former software engineer, David focuses a significant part of his practice on litigation in the field of computer technology, and he has defended several major software companies against charges of patent infringement. Another significant portion of David’s practice is Hatch-Waxman pharmaceutical patent litigation, in which David has worked to uphold the validity and infringement of patents covering both active pharmaceutical ingredients and pharmaceutical formulations. In addition to practice before the federal district courts, David has an active appellate practice, having argued multiple appeals before the U.S. Court of Appeals for the Federal Circuit.
David also is a registered patent attorney who routinely appears before the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office in inter partes review (IPR) proceedings. In this capacity, he has served as lead counsel in numerous IPRs in the software industry as well as on behalf of pharmaceutical clients.
In 2020, David was recognized as a BTI Client Service All-Star, a "select group of attorneys who deliver superior client service to Fortune 1000 clients."
Raised in Connecticut, David received an A.B. in Physics, cum laude, from Harvard College in 1999, and a J.D., summa cum laude, from Georgetown University Law Center in 2005. At Georgetown, he was an Executive Editor of the Georgetown Law Journal. After clerking for Judge Roger Titus of the U.S. District Court for the District of Maryland and Judge Richard Linn of the U.S. Court of Appeals for the Federal Circuit, David joined Williams & Connolly in 2008.
Representative Experience
- Lead counsel for Beckman Coulter in multiple district court proceedings, IPRs, and a Federal Circuit appeal regarding flow cytometers as well as the fluorescent polymer dyes used in flow cytometry.
- Lead counsel for Cytiva in district court and IPR proceedings regarding Protein A-based chromatography ligands.
- Counsel for Merck in Hatch-Waxman patent litigation involving Januvia® in both the district court and in co-pending IPR proceedings, and as co-counsel in the Federal Circuit.
- Counsel for AstraZeneca in Hatch-Waxman litigation regarding Symbicort® in the district court and Federal Circuit.
- Counsel for Eli Lilly and Company at multiple trials and in the Federal Circuit in its defense of a patent covering the blockbuster anti-cancer drug ALIMTA.®
- Counsel for Google in multiple inter partes review proceedings, and in Federal Circuit appeals from those proceedings, challenging patents asserted against Google and its customers.
- Counsel for a biopharmaceutical company in a bench trial defending one of its leading products in Hatch-Waxman litigation in the District of New Jersey, as well as in IPRs before the PTAB.
- Counsel for Bayer in the district court and Federal Circuit in a patent suit filed by Biogen relating to recombinant DNA technology, as well as in a related ex parte reexamination proceeding.
- Counsel for Petroleum Geo-Services, including as arguing counsel before the PTAB, in multiple inter partes review proceedings relating to seismic surveying technology.
- Counsel Alcon at trial and on appeal in multiple Hatch-Waxman patent litigations and a Federal Circuit appeal relating to ophthalmic pharmaceutical products.
- Counsel for Helsinn in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. before the Supreme Court of the United States.
- Counsel for Alice Corporation in the landmark CLS Bank International v. Alice Corporation matter before the district court and both a three-judge panel and the en banc Federal Circuit.
- Represented a major processor manufacturer in products liability litigation relating to microprocessor security.
- Represented a major computer company in trade secret litigation regarding software for processing Big Data.
- Represented a major smartphone manufacturer in standards-essential telecommunications software litigation.