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David Berl’s practice focuses on patent litigation, principally in the biotechnology, pharmaceutical, energy, and electronics fields. David has served as lead counsel in Hatch-Waxman trials, in appellate proceedings in the Court of Appeals for the Federal Circuit, and in inter partes review proceedings before the PTO. David regularly serves as lead counsel to major corporations in significant patent litigations and has tried numerous patent cases that have resulted in verdicts favorable to his clients.
David was named a “Rising Star” in intellectual property by Law360 in 2015 and was selected as a leading patent litigation attorney in the 2014 to 2018 editions of IAM Patent 1000. He has been recognized as a “Life Science Star” by LMG Life Sciences from 2013 to 2017.
- Lead counsel for Bayer Healthcare in a Hatch-Waxman trial against Watson in the United States District Court for the District of Delaware, relating to Watson’s effort to market a generic version of Bayer Healthcare’s erectile dysfunction drug vardenafil. The Court ruled from the bench in Bayer Healthcare’s favor, upholding the validity of Bayer Healthcare’s patents directed to vardenafil.
- Represented Wyeth in connection with district court and inter partes review, and appellate proceedings regarding its antibiotic product Tygacil. In one of the first pharmaceutical inter partes review cases to proceed to trial and appeal, David argued successfully to the Patent Trial and Appeal Board that the claims of Wyeth’s patent were valid. David also argued the case on appeal to the Court of Appeals for the Federal Circuit, which affirmed the Board’s finding of validity.
- Lead counsel for Pfizer in a Hatch-Waxman trial against Actavis in the United States District Court for the District of Delaware. The case involved a challenge by Actavis to Pfizer’s patent regarding its platform technology for avoiding the abuse of opioid drugs, embodied by its Embeda product.
- Lead counsel for Bayer in the Federal Circuit and district court in a patent suit filed by Biogen relating to treatments for multiple sclerosis. The district court dismissed the claims against Bayer on the basis of an interpretation of the America Invents Act, and the Federal Circuit affirmed the dismissal. David argued the case before the district court and the Federal Circuit.
Last updated October 2018