Douglas Carsten is a partner at Wilson Sonsini Goodrich & Rosati, where he leads the firm’s San Diego litigation practice. Doug is an energetic first-chair trial lawyer who has successfully tried billion-dollar patent cases. His practice includes various technology areas, such as pharmaceuticals, biologics, medical devices, diagnostic products, retail products, and computer software.
Doug has scored two high-profile trial wins in 2017. First, in Momenta et al. v. Amphastar et al., Momenta and Sandoz had sued Amphastar alleging patent infringement over a pharmaceutical testing method and were seeking nearly $1 billion in damages. A Boston jury unanimously found that the Momenta patent was invalid for lacking enablement and failing in written description.
In addition, the jury found in an advisory verdict that Momenta had waived and was estopped from enforcing the patent due to inequitable conduct before the USP standards setting organization. Second, in Allergan v. Mylan, Doug successfully invalidated four patents relating to Allergan’s blockbuster Restasis eye drop.
Judge Bryson, sitting by designation in the Eastern District of Texas, found the four Allergan patents to be obvious following a one-week bench trial. Doug cross-examined Allergan’s main obviousness expert and conducted the direct examination of the defendants’ main obviousness expert.
Some of Doug’s other recent victories include a 2014 trial win for United Therapeutics against Sandoz on a patent relating to United Therapeutics’ flagship product, Remodulin. United Therapeutics’ market capitalization increased approximately $1.2 billion during the trading day in which the United States District Court for the District of New Jersey’s decision finding United Therapeutics patent valid and infringed under the doctrine of equivalents was released.
In matters related to generics, Doug secured a 2014 summary judgment win in the Eastern District of Virginia on behalf of Mylan against Pfizer invalidating a patent extending the term of Pfizer’s blockbuster drug, Celebrex. Doug has litigated cases involving many of the largest-selling pharmaceutical products in the world.
Doug is also an active lecturer on topics relating to patent law, trial practice, Hatch-Waxman issues, and oral presentation skills.
- J.D., Georgetown University Law Center
- M.A., Organic Chemistry, Harvard University
- B.S., Chemistry and English Literature, State University of New York at Stony Brook
- State Bar of California
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California
- U.S. Court of Appeals for the Federal Circuit
- U.S. Patent and Trademark Office
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