
Dave helps plan, establish, maintain, and enforce clients’ IP portfolios and protect their freedom to operate against improperly alleged IP infringement. His teams have driven the issuance of over 3,700 patents. Dave has successfully litigated numerous infringement cases, including many Hatch-Waxman cases, and upheld and enforced the patent rights of pharmaceutical, high technology, electronics, and software innovators. He serves both plaintiffs and defendants. Dave has negotiated licenses for pharmaceutical, biotechnology, and technology companies. His teams have also achieved very favorable results in settlement, mediation, and other ADR procedures. Dave is a collaborative leader who leverages his teammates’ strengths to provide clients with creative, cost-effective strategies. He is regularly recognized for excellence in patent law and IP litigation, and has been listed in Best Lawyers in America® for 30 consecutive years.
Dave has decades of experience assisting clients in establishing, maintaining, and enforcing their intellectual property portfolios. He serves both plaintiffs and defendants, and focuses on patents, trademarks, copyrights, trade secrets, chip designs, domain names, and other intellectual property rights.
Prior to joining the firm, Dave was co-chair of the IP litigation practice group at another international law firm. He has also worked as a partner at a preeminent US patent firm.
Dave has served as a patent examiner, and worked as a chemical engineer at DuPont.
In addition, Dave was Technical Advisor to Judge Baldwin at the U.S. Court of Customs and Patent Appeals (CCPA), predecessor court to the Federal Circuit. He also served as Special Master in the US District Court for the District of New Hampshire.
Education
- Georgetown University (JD)
- State University of New York (BS, Chemical Engineering)
Experience
- Tabuchi v. Nubel, 559 F.2d 1183 (C.C.P.A. 1977)(Early Biotech Case).
- Pharmacia AB v. Ventrex Laboratories, Inc., 824 F.2d 980 (Fed. Cir. 1987).
- Myers v. Asics Corp., 865 F. Supp. 177 (S.D.N.Y. 1994); 1996 U.S. App. LEXIS 4021 (Fed. Cir. 1996).
- Takeda Chem. Indus. v. Mylan Labs., Inc., 417 F. Supp. 2d 341 (S.D.N.Y. 2006), affirmed, 492 F.3d 1350 (Fed. Cir. 2007), Cert. den., 552 U.S. 1295 (2008).
- Takeda Chem. Indus. v. Mylan Labs., Inc., 2007 U.S. Dist. LEXIS 19614 (S.D.N.Y. 2007), affirmed, 549 F.3d 1381 (Fed. Cir. 2008), Cert. den., 558 U.S. 821 (2009).
- Mitsubishi Chem. Corp. v. Barr Labs., Inc., 718 F. Supp. 2d 382 (S.D.N.Y. 2010) affirmed, 435 Fed. Appx. 927 (Fed. Cir. 2011).
- Kowa Company Ltd. et al. v. Amneal Pharmaceuticals LLC, et al., 2017 U.S. Dist. LEXIS 222403 (S.D.N.Y); 2017 U.S. Dist. LEXIS 222404 (S.D.N.Y); affirmed, 745 Fed. Appx 168 (Fed.Cir., 2018)
Recognition & Awards
- Included on the Massachusetts Super Lawyers: Intellectual Property Litigation list (2004 – 2006, 2008 – 2020)
- IAM Patent 1000 World’s Leading Patent Practitioners (2013, 2015 – 2020)
- Managing Intellectual Property: Patent Star - Massachusetts (2014 – 2019)
- Recommended by The Legal 500 United States for Health Care: Life Sciences (2016)
- Listed in Best Lawyers in America®: for Intellectual Property Litigation (1991 – 2021); Patent Litigation (1991 – 2021); Patent Law (1991 – 2021); Trademark Law (1991 – 2021); Copyright Law (1991 – 2021)
- Best Lawyers in America®: Boston Patent Law “Lawyer of the Year” (2014)
- Named one of Boston’s Top Lawyers for Patent Law (2014)
- Led a group recognized as one of the 10 best US firms in prosecuting biotechnology patents, IP Worldwide (2002)
- Led groups obtaining over 3,800 patents for clients
Involvement
- Member, American Intellectual Property Law Association
- Member, Boston Bar Association
- Counselor, Boston IP American Inn of Court
- Member, Boston Patent Law Association
- Former President, Boston Patent Law Association
- Member, Massachusetts Moderators Association
- Former trustee, Archdiocese of Boston Catholic Charities
- Former president, Catholic Family Services
- Town Moderator, Town of Nahant, Massachusetts (1991 - present)
- Former member, Nahant Finance & Advisory Committee