Representative Engagements

• Novozymes v. Genencor: Represented Novozymes as lead trial counsel asserting patent on genetically modified alpha-amylases. Genencor was found to have willfully infringed Novozymes’ patent and ordered to pay double damages and attorneys’ fees.
• Cardiac Science v. Philips Electronics: Represented plaintiff as lead trial counsel in case involving 21 patents. Damages asserted by each side combined in excess of $200 million. Key victories by Cardiac Science at Markman and summary judgment led to a favorable settlement hours before a seven-week jury trial was set to begin.
• Sigma-Aldrich and Oxford Biomedica (UK) Ltd. v. Open Biosystems: Represented patent owner Oxford Biomedica as lead trial counsel in a patent infringement action involving HIV vectors useful for gene therapy. Markman victory led to favorable settlement.
• Raytheon v. Cray: Lead counsel for Cray, including in its petition for writ of mandamus after Judge Gilstrap of the Eastern District of Texas denied Cray’s transfer motion in a patent infringement case. The team successfully overturned the four-factor test used by the Eastern District of Texas, leading to the landmark decision on what is considered a “regular and established place of business” and establishing that a defendant must have a physical location in the district in order for the venue to be proper.
• Novozymes v. Danisco: Lead trial counsel representing Novozymes in a successful action against rival Danisco for infringement of Novozymes’ patent for an improved alpha-amylase useful for fuel ethanol production, among other industrial applications. A jury found that Danisco willfully infringed Novozymes’ patent and awarded over $18.2 million in damages.
• National Products v. Multiple Respondents (ITC): Represented National Products, pursuing the company’s complaint in the ITC against several foreign entities for infringement of NPI’s patents and trademark in violation of Section 337 of the Tariff Act. In June 2019, David and his team succeeded in obtaining a general exclusion order from the ITC, blocking any infringing products from entering the country.

Representative Clients

• Albumedix
• Amyndas Pharmaceuticals
• Celltrion
• Cray
• National Products
• Novozymes
• Passage Bio

Publications

David is a frequent writer and lecturer in areas of patent law and patent litigation:

• “A Cautiously Optimistic Diagnosis For Patent Eligibility,” Fenwick & West, May 2018 (author)
• “Fenwick’s Top 10 Most Popular Articles of 2017: Federal Circuit Provides Much Needed Patent Venue Guidance Post TC Heartland,” Fenwick & West, first published September 2017 (co-author)
• “Litigation Alert: No Exception to Statutory Requirement That a Biosimilar Applicant Provide Notice of Intent to Market its Product,” Fenwick & West, July 2016 (co-author)
• “Litigation Alert: Supreme Court Leaves Intact PTAB Authority to Institute and Regulate Inter Partes Review Proceedings,” Fenwick & West, June 2016 (co-author)
• “Lingering in Lexmark's Wake, Uncertainty About the Limits of Patent Exhaustion,” Fenwick & West, March 2016 (co-author)