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.
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.
David represents on a pro bono basis disabled veterans in proceedings before the U.S. Court of Appeals for Veterans Claims. He also serves as an industry mentor for students from Emory University and Georgia Institute of Technology to help prepare them for careers in technology innovation. David is recognized on the Capital Pro Bono High Honor Roll.
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 Williams
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
Genzyme Corporation et al. v. Novartis Gene Therapies, Inc. et al.
Defending Novartis against Genzyme’s patent infringement allegations related to recombinant adeno-associated virus vector technology used in Novartis’ breakthrough gene therapy Zolgensma®.
1:21-cv-01736, D. Del., Judge Andrews
Event
Discovery in U.S. Patent Litigation & Managing its Potential Impact in Related Foreign Cases Discovery in U.S. Patent Litigation & Managing its Potential Impact in Related Foreign Cases
January 18, 2023
Webinar
Event
A Fresh Look at Chemical and Pharmaceutical Selection Inventions: U.S. and European Perspectives A Fresh Look at Chemical and Pharmaceutical Selection Inventions: U.S. and European Perspectives
December 20, 2022
Webinar
Event
ABA’s Business Law Section Hybrid Spring Meeting 2022 ABA’s Business Law Section Hybrid Spring Meeting 2022
March 31-April 2, 2022
Atlanta
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 16, 2022
Webinar
Event
Recent IP Court Decisions Relevant to International Businesses Recent IP Court Decisions Relevant to International Businesses
October 1, 2021
Virtual
Event
American Chemical Society’s Resilience of Chemistry Conference American Chemical Society’s Resilience of Chemistry Conference
August 22-26, 2021
Atlanta
“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
“John Livingstone and David Weingarten are other compelling advocates, particularly in the context of major pharmaceutical and biotechnology cases.”
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
“John Livingstone and David Weingarten are other compelling advocates, particularly in the context of major pharmaceutical and biotechnology cases.”
Intellectual Asset Management Patent 1000
Press Release
45 Finnegan Attorneys Recommended by Intellectual Asset Management; Firm Continues to Be Top Ranked 45 Finnegan Attorneys Recommended by Intellectual Asset Management; Firm Continues to Be Top Ranked
July 8, 2022
Intellectual Asset ManagementMedia Mention
Litigators of the Week: Shout Out Litigators of the Week: Shout Out
October 22, 2021
The AmLaw Litigation DailyPress Release
Twenty Finnegan Attorneys Recognized by Best Lawyers Twenty Finnegan Attorneys Recognized by Best Lawyers
August 20, 2021
U.S. News—Best LawyersAnnouncement
Best Lawyers Recognizes 21 Finnegan Attorneys Best Lawyers Recognizes 21 Finnegan Attorneys
August 28, 2020
Press Release
Finnegan Announces Seven New Partners Finnegan Announces Seven New Partners
January 1, 2020
Announcement
Finnegan Announces 2019 Mentors of the Year Finnegan Announces 2019 Mentors of the Year
December 30, 2019
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
U.S. Patent and Trademark Office
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