David K. Barr
Partner
David also has extensive experience in life sciences transactions, including mergers and acquisitions, asset purchases, and licensing and collaboration agreements. He is known for bringing to bear his deep patent litigation experience and knowledge of FDA regulatory issues in analyzing complex life sciences transactions, both in due diligence and in drafting patent licenses and related agreements. Mr. Barr is also the co-author and co-editor of the Practicing Law Institute’s treatise on Pharmaceutical and Biotech Patent Law and co-chairs an annual program for PLI on Developments in Pharmaceutical and Biotech Patent Law.
Related Practices
Related Industries
Experience
Experience
Representative Matters
Patent Litigation
- Represented a pharmaceutical company and a biotechnology company in successfully invalidating patents directed to PCSK9 antibodies after a jury trial in the District of Delaware, preserving the clients’ ability to continue to market their life-saving cholesterol-reducing drug. The district court judgment in favor of the clients was unanimously affirmed, first by the Court of Appeals for the Federal Circuit and then by the U.S. Supreme Court in a decision issued May 18, 2023
- Represented a health technology company and a pharmaceutical company in securing a complete jury verdict in defending against a $90 million patent claim brought by a medical diagnostics company involving HIV-1 detection technology
- Represented a pharmaceutical corporation in patent litigation relating to chimeric antigen receptor-modified T (CAR-T) cells used for the treatment of leukemia
- Represented a pharmaceutical corporation in multiple Hatch-Waxman actions directed at the company’s oncology drug product
- Defended a pharmaceutical corporation against an antitrust claim based on alleged sham patent litigation and Walker Process fraud stemming from the settlement of Hatch-Waxman litigations relating to its oncology drug product. The action was dismissed by the District of Massachusetts, which was unanimously affirmed by the First Circuit Court of Appeals
- Represented a pharmaceutical company in patent litigation against ten drug companies seeking to market generic versions of the company’s antihistamine products. Served as lead trial counsel for the pharmaceutical company in a seven-day bench trial against a competitor
- Represented two pharmaceutical companies in defending two patent infringement actions relating to the clients’ dermatologic product
- Represented a women’s prescription healthcare company, a pharmaceutical company, and a pharmaceutical corporation in Hatch-Waxman patent litigation regarding a transdermal estradiol drug product
- Represented a children’s hospital and a pharmaceutical company in Hatch-Waxman patent litigation regarding an inhalable antibiotic formulation for treatment of cystic fibrosis patients
- Represented a pharmaceutical corporation in Hatch-Waxman patent litigation against three generic drug companies seeking approval to market generic versions of the client’s urinary incontinence drug
- Represented a biotechnology firm in its successful assertion of its patents covering nucleic acid methods and probes for detecting the presence of the hepatitis C virus (HCV). The three-year litigation resulted in a consent judgment providing that the client’s patents were valid, enforceable, and infringed upon by a pharmaceutical company
- Represented a private university in New York and a biotechnology firm in litigation asserting infringement of the university’s patents relating to antibodies to tumor necrosis factor (TNF) against manufacturers of two medications used to treat rheumatoid arthritis
- Represented a pharmaceutical research and manufacturing plant and a biopharmaceutical company in successfully briefing and arguing motions to dismiss, on personal and subject matter jurisdiction grounds, the plaintiff’s complaint, which sought to institute an interfering patents action among several owners of patents directed to ultrasound contrast agents
- Represented a pharmaceutical company in a patent infringement action against a drug company seeking to market a generic version of the client’s non-sedating antihistamine
- Represented a pharmaceutical and biotechnology company in patent infringement litigation against a drug company seeking to market a generic version of the client’s leading antibiotic. The case settled prior to trial
Transactions Experience
David has served as lead IP counsel on numerous transactions, including:
- A pharmaceutical company’s acquisition of an FDA-approved gastrointestinal drug product
- An acquisition relating to a CRISPR-based gene therapy product for the treatment of sickle cell disease
- A pharmaceutical corporation’s acquisition of three pharmaceutical companies’ oncology portfolios
- A British manufacturer of ophthalmic medical products in its acquisition of an ophthalmic drug product used in cataract surgery
- A pharmaceutical corporation in its acquisition of an ophthalmic drug product
- A pharmaceutical and medical device company in its acquisition of a wavefront measurement technology used by cataract surgeons
- A pharmaceutical industry company’s acquisition of a pharmaceutical company
- A pharmaceutical corporation’s collaboration with a private research university in Pennsylvania on chimeric antigen receptor-modified T cells (CAR-T)
- A pharmaceutical corporation’s collaboration with a clinical-stage cancer immunotherapy company on cancer immunotherapies
Other Counseling
- Conducted numerous due diligence investigations in advising clients on patent and IP issues relating to transactions, including licenses, asset transfers, and acquisitions
- Drafted patent licenses and settlement agreements in a variety of technologies
- Counseled on and conducted patent audits and freedom-to-operate studies involving analyses of worldwide-issued patents and published patent applications
Insights
Insights
Credentials
Credentials
Education
- J.D. with honors George Washington University Law School 1983
- B.S. Biological Sciences Cornell University 1980
Bar Admissions
- New York
- District of Columbia
Court Admissions
- U.S. Patent and Trademark Office
- U.S. Court of Appeals for the Federal Circuit
- U.S. Bankruptcy Court for the Eastern District of New York
- U.S. Bankruptcy Court for the Southern District of New York
Professional Memberships and Activities
- Member, American Bar Association
- Member, New York State Bar Association
- Member, Federal Circuit Bar Association
Recognition
Recognition
- IAM Patent 1000, The World’s Leading Patent Professionals, Litigation, New York
- Legal 500, Intellectual Property – Patents: Litigation (Full Coverage)
- Managing Intellectual Property, IP Stars, New York
- Super Lawyers
- Intellectual Property Litigation, New York
- Intellectual Properties, New York
- LMG Life Sciences
- Leading Life Sciences Lawyer
- Life Sciences Star, General Patent Litigation
- Life Sciences Star, Hatch-Waxman Patent Litigation
- Life Sciences Star, Intellectual Property, New York
- Best Lawyers, Patent Law
- Who’s Who Legal, Patents
- Leaders League, Leading Partner, Patent Litigation, Nationwide