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Finnegan
M. David Weingarten, Ph.D.
Partner
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vCard
  • 271 17th Street, NW
  • Suite 1400
  • Atlanta, GA 30363-6209
+1 404 653 6457
david.weingarten@finnegan.com david.weingarten@finnegan.com

M. David Weingarten, Ph.D.

Partner

  • +1 404 653 6457 +1 404 653 6457
  • david.weingarten@finnegan.com david.weingarten@finnegan.com
  • 271 17th Street, NW
  • Suite 1400
  • Atlanta, GA 30363-6209
  • vCard

David Weingarten, Ph.D., has a diverse chemistry and life sciences practice focusing on patent litigation before U.S. district courts, post-grant trial proceedings at the U.S. Patent and Trademark Office (USPTO), patent prosecution, and strategic portfolio management. He has been honored by LMG Life Sciences as Patent Strategy Attorney of the Year, South (twice) as well as for his contributions to the fields of “Patent Prosecution” and “Patent Strategy & Management.” Intellectual Asset Management (IAM) Patent 1000 hailed David for his “litigation expertise,” and he was also named a client service all-star by BTI Consulting Group.

David’s nationally recognized practice focuses on complex chemical, pharmaceutical, and biotechnology patent litigation before U.S. district courts and on post-grant proceedings before the Patent Trial and Appeal Board (PTAB) of the USPTO. David also has extensive experience preparing and prosecuting U.S. patent applications, coordinating and managing foreign prosecution, developing strategies for portfolio management and planning, and participating in diligence projects on behalf of domestic and foreign clients. In addition, he drafts opinions on patent infringement, validity, and enforceability, and prepares intellectual property agreements, such as those relating to license and supply.

 

Prior to practicing law, David spent more than a decade in the pharmaceutical industry developing drugs across a wide range of therapeutic areas, including cardiovascular, metabolic, respiratory, and inflammation. As a member of senior management, he was responsible for leading research and development efforts in drug discovery, process research and development, and manufacturing. He also prepared New Drug Application (NDA) submissions, conducted due diligence, and managed technology transfers.

 

During his doctoral studies, David investigated the rhodium(II)-catalyzed reaction of a-diazo ketones and its application toward organic synthesis. As a National Institutes of Health (NIH) post-doctoral research fellow at Columbia University, he designed and developed new combinatorial methods for determining enantioselective chemical processes and implemented molecular modeling to analyze complex experimental results.

 

While at Emory University School of Law, David was a Robert W. Woodruff Fellow; a Dean’s teaching Fellow; received awards for outstanding academic achievement in contract drafting, negotiations, deal skills, and patents and global health; and was awarded first place, Emory University School of Law Transactional Negotiation Meet. David was also an Achievement Rewards for College Scientists (ARCS) scholar; a Northern Telecom Scholar; a Department of Education graduate fellow; and an American Chemical Society, Organic Division graduate fellow at Emory University.

 

Et Cetera

  • Order of the Coif.

  • Judicial intern for the Honorable Chief Justice Hugh P. Thompson, Supreme Court of Georgia, 2010.

  • Judicial intern for the Honorable Elizabeth E. Long and the Honorable Alice D. Bonner, Fulton County Superior Court's Business Case Division, 2010.

  • Coauthor. "Securing and Maintaining a Strong Patent Portfolio for Pharmaceuticals," Medicinal Chemistry Letters, 2019.

  • Coauthor. "Carboxylated, Heteroaryl-Substituted Chalcones as Inhibitors of Vascular Cell Adhesion Molecule-1 Expression for Use in Chronic Inflammatory Diseases," Journal of Medicinal Chemistry, 2007.

  • Coauthor. "An Efficient Synthesis of a Dual PPAR alpha/gamma Agonist and the Formation of a Sterically Congested alpha-Aryloxyisobutyric Acid Via a Bargellini Reaction," Journal of Organic Chemistry, 2005.

  • Coauthor. "Enantioselective Resolving Resins from a Combinatorial Library. Kinetic Resolution of Cyclic Amino Acid Derivatives," Journal of the American Chemical Society, 1998.

  • Coauthor. "Tweezers with Different Bite: Increasing the Affinity of Synthetic Receptors by Varying the Hinge Part," Angewandte Chemie International Edition (English), 1998. 

Experience

Genzyme Corporation v. Sarepta Therapeutics, Inc. et al.

Representing Sarepta in defensive patent litigation involving Elevidys®, a one-time gene therapy for the treatment of a neuromuscular disease known as Duchenne muscular dystrophy (DMD) and in parallel offensive inter partes reviews (IPRs).

1:24-cv-00882, D. Del., Judge Andrews

Novartis Pharmaceuticals Corporation et al. v. Fresenius Kabi USA, LLC et al.

Trial counsel for Novartis in district court litigation against multiple generics related to KISQALI ®, a blockbuster, breakthrough CDK4/6-inhibitor for the treatment of breast cancer. After a bench trial, the case resulted in a favorable settlement for our client, supporting patent protection at least until 2031.

1:21-cv-00870, D. Del., Judge Hall

In re Lumify

Successfully represented Bausch & Lomb and Eye Therapies in a Hatch-Waxman patent infringement litigation and parallel PTAB challenges concerning an ANDA for generic versions of over-the-counter Lumify® ocular drops. The cases settled favorably for our clients. 

3:21-cv-16766, D.N.J., Judges Kirsch, Singh
IPR2022-00146, PTAB, Judges Hulse, New, Pollock
IPR2024-00467, PTAB, Judges Flax, Pollock, Yang
IPR2022-00142, PTAB, Judges Flax, Hulse, New, Pollock

Incyte Corporation et al. v. Sun Pharmaceutical Industries Limited et al.

Successfully represented Incyte in patent litigation, including preliminary injunction proceedings related to Sun Pharmaceuticals’ deuterated Janus kinase (JAK) inhibitor, LEQSELVI™. Case settled favorably for our client.

2:24-cv-06944, D.N.J., Judge Padin

Genzyme Corporation et al. v. Novartis Gene Therapies, Inc. et al.

Successfully defended Novartis against Genzyme’s multiple patent infringement actions and inter partes review (IPR) proceedings related to recombinant adeno-associated virus vector technology used in Novartis’ blockbuster, breakthrough gene therapy Zolgensma®. The case settled after four patents were invalidated during claim construction, five patents found not literally infringed, and institution of multiple IPRs.

1:21-cv-01736, 1:23-cv-00554, D. Del., Judge Andrews

Vifor (International) AG and American Regent, Inc. v. Mylan Labs. Ltd. et al.

Represented Vifor and American Regent in two Hatch-Waxman Act cases against Mylan and Sandoz regarding their attempts to obtain FDA approval for their respective ANDAs directed to generic copies of Injectafer®. After a six-day bench trial, the cases resulted in a favorable settlement for our clients with a generic entry date well past the expiration of the composition patents.

3:19-cv-13955, 3:19-cv-16305, D.N.J., Judges Wolfson, Arpert

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Insights

Workshop

Protecting Innovation in the Life Sciences: Updates and Key Trends in Pharmaceutical and Biotechnology IP Law

Protecting Innovation in the Life Sciences: Updates and Key Trends in Pharmaceutical and Biotechnology IP Law Protecting Innovation in the Life Sciences: Updates and Key Trends in Pharmaceutical and Biotechnology IP Law

May 7, 2026

Cambridge

Conference

Georgia Life Sciences Summit 2025 Georgia Life Sciences Summit 2025

August 26-27, 2025

Sandy Springs

Conference

4th Annual Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA 4th Annual Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA

October 8-24, 2024

Virtual

Webinar

Section 102 and Prior Art: Navigating the Expanded Scope of Prior Art and AIA Exceptions Section 102 and Prior Art: Navigating the Expanded Scope of Prior Art and AIA Exceptions

August 7, 2024

Webinar

Conference

4th Spring Pharmaceutical Synchrotron X-Ray Powder Diffraction Workshop 4th Spring Pharmaceutical Synchrotron X-Ray Powder Diffraction Workshop

June 10-11, 2024

Basel

Seminar

Judicial Colloquium on Intellectual Property Judicial Colloquium on Intellectual Property

April 29-May 2, 2024

Alexandria

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Professional Recognition

"We are extremely impressed with [David's] deep understanding of the chemistry... as well as the drug development process. His guidance has brought tremendous value to us as a company as we strengthen our patent portfolio and efficiently develop medical innovations."

Intellectual Asset Management Patent 1000

“The Atlanta office is not short of litigation firepower; John Livingstone and David Weingarten are other compelling advocates, particularly in the context of major pharmaceutical and biotechnology cases.”

Intellectual Asset Management Patent 1000

"David Weingarten is outstanding! His recommendations are well thought-out, clear, concise, and strategic. He is an experienced medicinal chemist as well as an outstanding lawyer, and his experience in working on chemistry issues with both large pharma and small biotechs gives him a perspective beyond that of most IP lawyers."

The Legal 500 U.S.

"Armed with a PhD in organic chemistry, David Weingarten masters the intricate details of a case."

Intellectual Asset Management Patent 1000

“David Weingarten loves the science and he gives even the most tenured experts a run for their money.”

The Legal 500 U.S.

“David develops a respectful partnership with his clients. We feel like partners, not just cases.."

BTI Client Service All-Stars

"We are extremely impressed with [David's] deep understanding of the chemistry... as well as the drug development process. His guidance has brought tremendous value to us as a company as we strengthen our patent portfolio and efficiently develop medical innovations."

Intellectual Asset Management Patent 1000

“The Atlanta office is not short of litigation firepower; John Livingstone and David Weingarten are other compelling advocates, particularly in the context of major pharmaceutical and biotechnology cases.”

Intellectual Asset Management Patent 1000

"David Weingarten is outstanding! His recommendations are well thought-out, clear, concise, and strategic. He is an experienced medicinal chemist as well as an outstanding lawyer, and his experience in working on chemistry issues with both large pharma and small biotechs gives him a perspective beyond that of most IP lawyers."

The Legal 500 U.S.

"Armed with a PhD in organic chemistry, David Weingarten masters the intricate details of a case."

Intellectual Asset Management Patent 1000

“David Weingarten loves the science and he gives even the most tenured experts a run for their money.”

The Legal 500 U.S.

“David develops a respectful partnership with his clients. We feel like partners, not just cases.."

BTI Client Service All-Stars

News

Award/Ranking

Finnegan Earns Top Rankings in 2026 IAM Patent 1000 Guide; Nearly 60 Attorneys Ranked Finnegan Earns Top Rankings in 2026 IAM Patent 1000 Guide; Nearly 60 Attorneys Ranked

May 28, 2026

Intellectual Asset Management (IAM)

Award/Ranking

Finnegan Receives More Than 20 Nominations for the 2026 Managing IP Americas Awards Finnegan Receives More Than 20 Nominations for the 2026 Managing IP Americas Awards

February 11, 2026

Managing Intellectual Property

Press Release

Finnegan Recognized as a Leading Firm in the 2025 LMG Life Sciences Americas Rankings Finnegan Recognized as a Leading Firm in the 2025 LMG Life Sciences Americas Rankings

October 1, 2025

LMG Life Sciences

Award/Ranking

Finnegan Wins IP Boutique Firm of the Year, Patent Strategy Firm of the Year, and Hatch-Waxman Litigation Firm of the Year – Branded at the 2025 LMG Life Sciences Americas Awards Finnegan Wins IP Boutique Firm of the Year, Patent Strategy Firm of the Year, and Hatch-Waxman Litigation Firm of the Year – Branded at the 2025 LMG Life Sciences Americas Awards

September 5, 2025

LMG Life Sciences

Award/Ranking

Finnegan Shortlisted for Seven 2025 LMG Life Sciences Americas Awards

Finnegan Shortlisted for Seven 2025 LMG Life Sciences Americas Awards

July 2, 2025

LMG Life Sciences

Award/Ranking

50 Finnegan Attorneys Ranked in the 2025 IAM Patent 1000

50 Finnegan Attorneys Ranked in the 2025 IAM Patent 1000

June 2, 2025

Intellectual Asset Management (IAM)
More

Professional Activities

  • American Bar Foundation
    (Fellow, 2021-present)
  • American Bar Association
    (Section of Intellectual Property Law)
  • American Chemical Society
    (Medicinal Chemistry Division; Chemistry and the Law Division; Organic Chemistry Division)
  • American Intellectual Property Law Association
    (Food and Drug Law Committee, Chair, 2022-2024 and Vice-Chair, 2020-2022; Chemical Practice and Biotechnology Committees; GRTK Task Force)
  • Georgia Bar Association
    (Intellectual Property Law Section)
  • Honorable Charles A. Pannell, Jr. Inn of Court
    (Co-Chair, Membership Committee, 2023-present; Barrister)
Admissions and Education

Admissions

  • U.S. Patent and Trademark Office
  • Georgia

Court of Appeals, Georgia
U.S. District Court, N.D. Georgia
U.S. Court of Appeals, Federal Circuit
U.S. Court of Appeals, Veterans Claims

Education

Emory University School of Law
J.D., with honors, 2011
Emory University
Ph.D., Organic Chemistry, 1996
University of West Florida
B.S., Chemistry, 1991

David's Practices

Appeals, Issues, and Legal Strategy
Appeals from the PTAB
Federal Circuit and Supreme Court Appeals
Patent Oppositions and Appeals
Diligence, Licensing, and Opinions
Due Diligence
Freedom to Operate Opinions
Licensing, Pooling, and Other Transactions
Opinions and Counseling
Patent Mining and Mapping
Global IP Enforcement, Litigation, and Trials
Branded Hatch-Waxman (ANDA) Litigation and Trials
Due Diligence
Federal Circuit and Supreme Court Appeals
ITC Section 337 Investigations and Trials
Patent Litigation and Trials
Pretrial Strategies
PTAB Invalidation Proceedings: IPR and PGR
Trade Secrets
Patent Office Invalidation Proceedings
Ex Parte Reexamination (EPR)
Patent Oppositions and Appeals
PTAB Invalidation Proceedings: IPR and PGR
Prosecution and Portfolio Management
Appeals to the PTAB
Ex Parte Reexamination (EPR)
IP Portfolio Management
Patent Drafting and Prosecution
Patent Reissues
Patent Term Extension (PTE) and Supplementary Protection Certificate (SPC)
Trade Secrets

David's Industries

Chemicals, Industrials, and Materials
Chemical
Manufacturing
Life Sciences
Biologics
Biotechnology
Digital Health
Medical Device and Diagnostics
Pharmaceutical

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