David P. Frazier, Ph.D.

Partner

David Frazier focuses his practice primarily on patent litigation, strategic pre-litigation client counseling, due diligence analyses, and providing opinions in the fields of biotechnology, vaccines, and pharmaceuticals.

Dr. Frazier joined Finnegan after completing his doctoral studies in microbiology and molecular genetics at Harvard University. Dr. Frazier has broad experience in a wide variety of litigation and pre-litigation matters, including preparing for, litigating and trying Abbreviated New Drug Application (ANDA) litigation. Dr. Frazier also has broad experience in traditional patent litigation in the areas of biopharmaceuticals and bioinstrumentation. In addition, Dr. Frazier has experience in the firm’s appellate practice before the U.S. Court of Appeals for the Federal Circuit. He also has broad experience in due diligence evaluations in connection with patent acquisition and licensing transactions.

Highlights

• Represented branded pharmaceutical companies in Hatch-Waxman litigation, including pretrial, trial, and settlement.
• Represented branded pharmaceutical companies in strategic analyses and preparation for Hatch-Waxman litigation.
• Represented branded pharmaceutical companies in defense against infringement claims relating to molecular mechanisms of action.
• Represented branded pharmaceutical company in patent enforcement actions against compounding pharmacies.
• Represented biotechnology and pharmaceutical companies in due diligence analyses related to technology in-licensing opportunities and business acquisitions.
• Represented patent owner and licensee against third party claiming to have been an inventor on patents relating to a fundamental invention in bioinstrumentation.

Professional Activities

• American Bar Association
• Federal Circuit Bar Association
• American Intellectual Property Association
• American Association for the Advancement of Science

Select Publications

Coauthor. "Surviving an Obviousness Patent Challenge," Drug Discovery & Development, Oct. 27, 2008.
• Coauthor. "Litigating Patent Obviousness," Bio IT World, Oct. 2008.
• Privilege & Ethics Issues in Prosecution: The Common Interest Doctrine & Working With Inventors, Employees & Non-US Counsel, AIPLA Annual Meeting, May 16, 2007.
• Determining What Diligence is Due in Light of New and Increasingly Complex Multi-Party Transactions, “Pharma/Biotech IP Due Diligence” American Conference Institute, Jan. 30-31, 2008.
• Overcoming Attorney-Client Privilege and Ethical Concerns When Conducting Due Diligence, “Life Sciences IP Due Diligence” American Conference Institute, April 11-12, 2007.