David J. Austin

Managing Partner

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David has extensive litigation, patent prosecution and intellectual property counselling experience.  In litigation, he has represented clients in numerous ANDA and biosimilar litigations, polymer litigations, as well as litigations involving trade secret misappropriation, technology licenses and contract disputes.  David has also prosecuted patents, performed freedom-to-operate and opinion work, and inter partes reviews in the fields of chemistry, medicinal chemistry, polymers, small-molecule drugs, antibodies and biosimilars, as well as a variety of additional technologies.

 

David has a Ph.D. in organic chemistry with deep experience in biotechnology.  Prior to becoming an attorney, David was a professor in the Chemistry Department at Yale University where his laboratory developed a novel phage-display drug discovery platform upon which he co-founded Ambit Biosciences.  He also served as Director of Medicinal Chemistry at Rib-X Pharmaceuticals (now Melinta Therapeutics).  David’s experience in both academia and industry provide him with a unique ability to understand and meet a client’s needs.

Technical Expertise:  

  • PhD in Organic Chemistry with a Post-doc in Biotechnology

  • Experienced in matters involving chemical processes, small molecules, medicinal chemistry, extended-release formulations, IV drug formulations, organic polymers, biopolymers, antibodies and biotechnology

 

Successes in Litigation and Patent Prosecution/Counseling:

  • Represented generic manufacturer in sole-defendant ANDA litigation resulting in 180-day exclusivity for a $4 billion per year anti-cholesterol drug

  • Drafted post-grant review petition for patent covering multi-million dollar asthma drug resulting in six month loss of patent term

  • Experience in small-molecule and biosimilar drug litigation provides a unique perspective for the development of IP portfolios to withstand design-arounds and validity challenges

  • Performed freedom-to-operate clearing opinion for a nylon manufacturing plant for a Fortune Global 500 corporation

  • Provided patent prosecution, freedom-to-operate and M&A portfolio analyses, for a range of clients including universities, start-ups and Fortune 500 companies

J.D., Fordham University, 2011

 

Ph.D., Organic Chemistry, Emory University, 1993

Member of the State Bars of New York and California

 

Admitted to practice in the United States District Courts for the Eastern and Southern Districts of New York and the Northern District of California

 

Admitted to the United States Court of Appeals for the Federal Circuit

Registered to Practice Before the United States Patent Office