Partner
David Weingarten, Ph.D., has a diverse chemistry and life sciences practice focusing on patent litigation before U.S. district courts and the U.S. International Trade Commission (ITC), 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 as well as for his contributions to the fields of “Patent Prosecution” and “Patent Strategy & Management.” Intellectual Asset Management Patent 1000 hailed David for his “litigation expertise,” and he was also named a client service all-star by BTI Consulting Group.
David’s practice focuses on complex chemical, pharmaceutical, and biotechnology patent litigation before U.S. district courts and the ITC 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.
Novartis Pharmaceuticals Corporation et al. v. Fresenius Kabi USA, LLC et al.
Representing Novartis in district court litigation against multiple generics related to KISQALI®, a breakthrough CDK4/6-inhibitor for the treatment of breast cancer.
1:21-cv-00870, D. Del., Judge Hall
Genzyme Corporation et al. v. Novartis Gene Therapies, Inc. et al.
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.
Trial counsel for 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
AstraZeneca AB v. Zydus Pharmaceuticals (USA) Inc.
Trial counsel for AstraZeneca in Abbreviated New Drug Application (ANDA) litigation against Zydus on its Farxiga® pharmaceutical drug product. After a bench trial, Judge Andrews ruled that the defendant failed to prove that any of the patent claims at issue were invalid due to obviousness, resulting in a complete win for our client.
1:18-cv-00664, D. Del., Judge Andrews
American Regent, Inc. v. Pharmacosmos Therapeutics Inc. et al.
Counsel for American Regent in litigation in the District of New Jersey against Pharmacosmos and their branded drug, Monoferric®, related to American Regent patents covering the use of iron carbohydrate complexes for the treatment of iron deficiency diseases. The case resulted in a favorable settlement for our client.
3:20-cv-01350, D.N.J., Judges Goodman, Martinotti, Quraishi
PGR2020-00009, PTAB, Judges Tornquist, Franklin, Wisz
Ajinomoto Co., Inc. et al. v. CJ Cheiljedang Corp. et al.
Counsel for Ajinomoto in the Southern District of New York in litigation involving patents related to genetically modified organisms and the use thereof to make commercial quantities of tryptophan. This case resulted in a favorable settlement for our client and follows successful representation of Ajinomoto in related IPR proceedings, ITC investigation, and subsequent Federal Circuit appeal.
1:16-cv-03498, S.D.N.Y., Judges Gorenstein, Vyskocil
337-TA-1005, ITC, Judges Bullock, Essex
18-1590, -1629, Fed. Cir., Judges Dyk, Moore, Taranto
IPR2017-01551, -01698, PTAB, Judges Franklin, Mitchell, Moore, Sawert, Yang
Event
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
Event
4th Spring Pharmaceutical Synchrotron X-Ray Powder Diffraction Workshop 4th Spring Pharmaceutical Synchrotron X-Ray Powder Diffraction Workshop
June 10-11, 2024
Basel
Event
Judicial Colloquium on Intellectual Property Judicial Colloquium on Intellectual Property
April 29-May 2, 2024
Alexandria
Event
Biologics and Biosimilars: FDA Initiatives and Guidance, Approvals and Exclusivity, Patent Prosecution, Litigation Biologics and Biosimilars: FDA Initiatives and Guidance, Approvals and Exclusivity, Patent Prosecution, Litigation
February 15, 2024
Webinar
“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
"Armed with a PhD in organic chemistry, David Weingarten masters the intricate details of a case."
Intellectual Asset Management Patent 1000
“His guidance has brought tremendous value to us as a company….”
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.”
Legal 500 United States
“David develops a respectful partnership with his clients. We feel like partners, not just cases.."
BTI Client Service All-Stars
“David Weingarten’s demeanor is calm and reassuring. He is a pleasure to work with.”
Legal 500 United States
“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
"Armed with a PhD in organic chemistry, David Weingarten masters the intricate details of a case."
Intellectual Asset Management Patent 1000
“His guidance has brought tremendous value to us as a company….”
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.”
Legal 500 United States
“David develops a respectful partnership with his clients. We feel like partners, not just cases.."
BTI Client Service All-Stars
“David Weingarten’s demeanor is calm and reassuring. He is a pleasure to work with.”
Legal 500 United States
Press Release
Finnegan Wins Big at the 2024 LMG Life Sciences Americas Awards Finnegan Wins Big at the 2024 LMG Life Sciences Americas Awards
September 6, 2024
LMG Life SciencesAward/Ranking
Finnegan Shortlisted for 14 LMG Life Sciences 2024 Americas Awards Finnegan Shortlisted for 14 LMG Life Sciences 2024 Americas Awards
July 18, 2024
LMG Life SciencesAnnouncement
Two Finnegan Partners Named BTI Client Service All-Stars Two Finnegan Partners Named BTI Client Service All-Stars
June 10, 2024
BTI Consulting GroupAward/Ranking
46 Finnegan Attorneys Ranked in 2024 IAM Patent 1000 46 Finnegan Attorneys Ranked in 2024 IAM Patent 1000
June 6, 2024
Intellectual Asset ManagementAward/Ranking
Finnegan Upholds Tier 1 Marks in 2023 LMG Life Sciences Rankings Finnegan Upholds Tier 1 Marks in 2023 LMG Life Sciences Rankings
September 21, 2023
LMG Life SciencesAward/Ranking
Finnegan Shortlisted in 10 Categories in the LMG Life Sciences Awards 2023 Finnegan Shortlisted in 10 Categories in the LMG Life Sciences Awards 2023
July 25, 2023
LMG Life SciencesCourt 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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