Partner
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.
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.
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
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.
3:19-cv-13955, 3:19-cv-16305, D.N.J., Judges Wolfson, Arpert
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
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
"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
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 PropertyPress 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 SciencesAward/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 SciencesAward/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 SciencesAward/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)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
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