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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

M. David Weingarten, Ph.D., managing partner of Finnegan's Atlanta office, is a nationally recognized intellectual property (IP) attorney who helps pharmaceutical, biotechnology, and chemical companies protect and maximize the value of their most important innovations. He represents clients in high-stakes patent litigation, proceedings before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO), and patent prosecution matters. Drawing on his experience as a scientist, pharmaceutical industry veteran, and patent lawyer, David brings a distinct depth of technical understanding to complex matters involving pharmaceuticals, biologics, formulations, chemical processes, and other life sciences technologies.

David advises clients ranging from emerging biotechnology companies to global pharmaceutical, biotechnology, and chemical industry leaders on protecting breakthrough technologies, navigating complex patent disputes, and maximizing the value of their IP assets. He assists clients throughout the IP life cycle, from securing and strengthening patent protection to enforcing patent rights and defending against infringement claims. 

 

Clients value David’s practical, strategic counsel and his ability to quickly grasp complex technologies and develop effective solutions. His practice includes patent litigation, PTAB proceedings, patent prosecution, portfolio development, freedom-to-operate (FTO) analyses, due diligence, and strategic IP counseling. 

 

Few patent attorneys combine David’s depth of pharmaceutical industry experience with extensive patent litigation, PTAB, and prosecution experience. Before entering private practice, he spent more than a decade leading research, development, manufacturing, and technology transfer initiatives in the pharmaceutical industry. He worked across multiple therapeutic areas and played key roles in drug discovery, process development, regulatory submissions, and strategic due diligence efforts. This experience enables him to work seamlessly with scientists, inventors, executives, and in-house counsel while providing practical insight into sophisticated patent and technology issues.

 

David is widely recognized as one of the nation's leading life sciences patent attorneys. LMG Life Sciences named him Patent Strategy Attorney of the Year, South, and has recognized him for excellence in Patent Prosecution and Patent Strategy & Management. He is a Patent Star (National and Georgia) in Managing Intellectual Property's (MIP) IP STARS guide and is consistently recommended by Intellectual Asset Management (IAM) Patent 1000 for his Patent Litigation expertise, strategic judgment, and technical knowledge. Best Lawyers also recognizes David in the practice areas of Biotechnology and Life Sciences Practice and Litigation-Patent and BTI Consulting Group named him a Client Service All-Star based on direct client feedback.

 

David earned his doctorate in organic chemistry from Emory University and later served as a National Institutes of Health (NIH) postdoctoral fellow at Columbia University. He subsequently earned his juris doctor (J.D.) from Emory University School of Law, where he was a Robert W. Woodruff Fellow and received numerous academic honors.

 

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

More

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

Investival Showcase USA Investival Showcase USA

March 10-11, 2026

Miami

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

More

Professional Recognition

“David Weingarten is distinguished for his rare blend of medicinal chemistry expertise and strategic legal execution.”

Intellectual Asset Management Patent 1000

“‘David has developed a patent strategy that gives us freedom to operate and protects us from infringement, and his experience as a medicinal chemist is invaluable because he understands in detail the formulation, process development and use of the technology.’” 

Intellectual Asset Management Patent 1000

"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

“David Weingarten is distinguished for his rare blend of medicinal chemistry expertise and strategic legal execution.”

Intellectual Asset Management Patent 1000

“‘David has developed a patent strategy that gives us freedom to operate and protects us from infringement, and his experience as a medicinal chemist is invaluable because he understands in detail the formulation, process development and use of the technology.’” 

Intellectual Asset Management Patent 1000

"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 Wins “Hatch-Waxman Litigation Firm of the Year – Branded” and David Weingarten Wins “Patent Strategy Attorney of the Year (South)” at the LMG Life Sciences Americas Awards

Finnegan Wins “Hatch-Waxman Litigation Firm of the Year – Branded” and David Weingarten Wins “Patent Strategy Attorney of the Year (South)” at the LMG Life Sciences Americas Awards Finnegan Wins “Hatch-Waxman Litigation Firm of the Year – Branded” and David Weingarten Wins “Patent Strategy Attorney of the Year (South)” at the LMG Life Sciences Americas Awards

September 11, 2026

LMG Life Sciences

Award/Ranking

31 Finnegan Attorneys Recognized by Best Lawyers 2027 31 Finnegan Attorneys Recognized by Best Lawyers 2027

August 20, 2026

Best Lawyers

Award/Ranking

Finnegan Receives Tier 1 Rankings from Managing IP; More than 30 Attorneys Named 2026 IP Stars Finnegan Receives Tier 1 Rankings from Managing IP; More than 30 Attorneys Named 2026 IP Stars

July 30, 2026

Managing Intellectual Property

Award/Ranking

Finnegan Shortlisted in 13 Categories at the 2026 LMG Life Sciences America Awards Finnegan Shortlisted in 13 Categories at the 2026 LMG Life Sciences America Awards

July 15, 2026

LMG Life Sciences

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
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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