David Weingarten

M. David Weingarten, Ph.D., has a diverse intellectual property practice focusing on patent litigation before U.S. district courts and the U.S. International Trade Commission (ITC), post-grant trial proceedings at the U.S. Patent and Trademark Office (USPTO), prosecution, and strategic portfolio management. His practice encompasses the chemical, pharmaceutical, biotechnology, and consumer product areas.

David’s practice focuses on U.S. district court litigation, primarily concerning Abbreviated New Drug Applications (ANDA) under the Hatch-Waxman Act, and Section 337 proceedings before the ITC. He also drafts opinions on patent infringement, validity, and enforceability, and prepares intellectual property agreements, such as those relating to license and supply. In addition, David prepares and prosecutes U.S. patent applications on behalf of domestic and foreign clients.

David has experience with strategic management of worldwide patent portfolio for a clinical-stage biotechnology company developing treatments for pseudomonas, cardiovascular, inflammatory, cancer, and sickle cell diseases. Additionally, as part of Finnegan’s pro bono program, he has successfully represented several disabled veterans in proceedings before the U.S. Court of Appeals for Veterans’ Claims.

Prior to practicing law, David spent more than a decade in the pharmaceutical industry developing drugs across a wide range of therapeutic areas, including cardiovascular, metabolic, respiratory, and inflammation.

As a member of senior management, he was responsible for leading research and development efforts in drug discovery, process research and development, and manufacturing. He also prepared New Drug Application (NDA) submissions, conducted due diligence, and managed technology transfers.

During his doctoral studies, David investigated the rhodium(II)-catalyzed reaction of -diazo ketones and its application toward organic synthesis. As a National Institutes of Health post-doctoral fellow at Columbia University, he designed and developed new combinatorial methods for determining enantioselective chemical processes and implemented molecular modeling to analyze complex experimental results.

While at Emory University School of Law, David was awarded first place, Emory University School of Law Transactional Negotiation Meet; was a Robert W. Woodruff Fellow; a Dean’s teaching Fellow; and received awards for outstanding academic achievement in contract drafting, negotiations, deal skills, and patents and global health.

David completed TI:GER®program in Intellectual Property and Technology Transfer, Emory University School of Law and Georgia Institute of Technology. He was an Achievement Rewards for College Scientists (ARCS) scholar and an American Chemical Society, Organic Division graduate fellow at Emory University.

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

Admissions :

• 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
• U.S. Patent and Trademark Office

Professional Activities :

• Atlanta Intellectual Property American Inn of Court
• Georgia Bar Association
• American Bar Association
• American Chemical Society