Though all cases vary and none is predictive, David’s experience includes:

• Lead counsel for AstraZeneca in Hatch-Waxman litigation in the United States District Court for the Northern District of West Virginia and the Federal Circuit, relating to Mylan’s application to market a generic version of AstraZeneca’s Symbicort product.  Following a bench trial, the Court ruled in favor of AstraZeneca as to all claims, rejecting Mylan’s argument that the asserted claims were invalid. That ruling was affirmed on appeal.   
• Lead Counsel for Teva’s Branded Division in a Hatch-Waxman trial in the United States District Court for the District of Delaware and the Federal Circuit, relating to multiple generic manufacturers’ applications to market a generic version of its Bendeka product. After a seven-day bench trial, the court upheld the validity of all claims in all five patents.  The Federal Circuit affirmed. 
• Lead counsel for Regeneron in its BPCIA litigation regarding Eylea, pending in the Northern District of West Virginia.
• Lead counsel for Genevant in litigation against Moderna relating to the COVID-19 vaccine in the District of Delaware and the Federal Circuit.  Genevant prevailed in multiple appeals from Moderna’s unsuccessful inter partes review challenge of two Genevant patents before the USPTO.  The Federal Circuit dismissed Moderna’s appeal with respect to one patent for lack of subject matter jurisdiction.  The Federal Circuit affirmed the finding of no invalidity on the merits with respect to another patent Moderna challenged.  The litigation in the District of Delaware asserting these patents and others is ongoing.  
• Lead counsel for AstraZeneca in a lawsuit filed by AbbVie in the United States District Court for the Eastern District of Virginia, asserting patent invalidity and termination of royalty payments relating to Humira.  Successfully argued for dismissal by the district court for lack of subject matter jurisdiction and affirmance of the dismissal by the Court of Appeals for the Federal Circuit.
• Represented Wyeth in connection with district court, inter partes review, and appellate proceedings regarding its antibiotic product Tygacil. In one of the first pharmaceutical inter partes review cases to proceed to trial and appeal, David argued successfully to the Patent Trial and Appeal Board that the claims of Wyeth’s patent were valid.  David also argued the case on appeal to the Court of Appeals for the Federal Circuit, which affirmed the Board’s finding of validity.
• Represent Genentech in connection with ongoing BPCIA biosimilar litigation in multiple jurisdictions regarding its Avastin product. 
• Lead counsel for Pfizer in Hatch-Waxman litigation pending in the United States District Court for the District of Delaware, concerning Pfizer’s IBrance product.
• Represented Petroleum GeoServices in IPR proceedings and at the Federal Circuit against WesternGeco relating to patents directed to seismic surveying technology.  Argued successfully before the PTAB that three patents asserted by WesternGeco against Petroleum GeoServices were invalid.  The asserted patents previously were the subject of a district court judgment of validity and damages of over $100,000,000 against Petroleum GeoServices’ supplier.