David K. Barr’s practice is concentrated in the areas of patent, trade secret, and unfair competition litigation and counseling. Mr. Barr’s experience includes litigation in federal and state courts, appeals to the Federal Circuit Court of Appeals, and practice before the U.S. Patent and Trademark Office. Mr. Barr has been lead trial counsel in many complex patent infringement cases, and has counseled clients on product development and strategic patent planning. He has extensive experience in intellectual property transactions, including licenses and acquisitions. Mr. Barr has conducted numerous patent due diligence investigations, and has drafted patent license and related agreements. His patent matters have involved a variety of technologies, including biotechnology, pharmaceuticals, industrial chemistry, and biomedical and mechanical devices. Mr. Barr has authored articles and has lectured on a variety of intellectual property issues. He is a co-author and co-editor of the treatise Pharmaceutical and Biotech Patent Law (Practising Law Institute, 2011).
Representative Patent Litigation Experience
Aventis Pharmaceuticals, Inc. v. Dr. Reddy’s Laboratories, Ltd. et al. (D.N.J.)
Representing Sanofi-aventis in patent infringement litigation against ten drug companies seeking to market generic versions of the Company’s Allegra® antihistamine products. Lead trial counsel for Sanofi-aventis in 7-day bench trial against Dr. Reddy’s.
Vivelle Ventures, Noven Pharmaceuticals, and Novartis v. Mylan Technologies, et al. (S.D.N.Y.)
Represented Vivelle Ventures, Noven Pharmaceuticals and Novartis in Hatch Waxman patent litigation regarding the transdermal estradiol drug product, Vivelle Dot®.
Seattle Children’s Hospital and Novartis v. Teva Pharmaceuticals (D. Del.)
Represented Seattle Children’s Hospital and Novartis in Hatch-Waxman patent litigation regarding TOBI®, an inhalable antibiotic formulation for treatment of cystic fibrosis patients.
Novartis v. Teva Pharmaceuticals, Watson Pharmaceuticals and Anchen Pharmaceuticals (D. Del.)
Represented Novartis in Hatch-Waxman patent litigation against three generic drug companies seeking approval to market generic versions of Novartis’ urinary incontinence drug, Enablex®.
Chiron Corporation v. F. Hoffmann-LaRoche Ltd. and Bradley, (N.D. Cal.)
Represented Chiron in its successful assertion of its patents covering nucleic acid methods and probes for detecting the presence of the Hepatitis C virus (HCV). Three-year litigation resulted in consent judgment that Chiron’s patents were valid, enforceable and infringed by Roche, and that Bradley breached a prior contract with Chiron.
Rockefeller University and Chiron Corporation v. Centocor, Inc. and Abbott Laboratories (E.D. Tex.)
Represented Rockefeller University and Chiron in litigation asserting infringement of Rockefeller’s patents relating to antibodies to Tumor Necrosis Factor (“TNF”) against manufacturers of Remicade® and Humira®, used to treat rheumatoid arthritis.
Mallinckrodt Medical, Inc. v. DuPont Merck Pharmaceutical Corp. and Imarx Pharmaceutical Corp., 989 F. Supp. 265 (D.D.C. 1998).
Briefed and argued DuPont Merck and Imarx’ successful motions to dismiss, on personal and subject matter jurisdiction grounds, plaintiff’s complaint, which sought to institute an interfering patents action among several owners of patents directed to ultrasound contrast agents.
Marion Merrell Dow Inc. v. Baker Norton Pharmaceuticals Inc., (S.D. Fla.).
Represented Marion Merrell Dow in patent infringement action against drug company seeking to market a generic version of MMD’s non-sedating antihistamine Seldane®.
Bayer A.G. v. Barr Laboratories (S.D.N.Y.)
Represented Bayer in patent infringement litigation against drug company seeking to market a generic version of Bayer’s leading antibiotic Cipro®. Case settled prior to trial.
Other Counseling Matters
Patent Counseling and Opinions
Counseled and prepared numerous patent opinions in various technologies including biotechnology, pharmaceuticals, chemical compounds and synthesis, recombinant DNA technology, genetically modified plants and seeds, research tools, including the use of recombinantly-engineered cells for high throughput screening in drug development, monoclonal antibody technology, pharmaceutical formulations, delivery systems, and methods of treatment.
Patent and IP Due Diligence Investigations
Conducted numerous due diligence investigations in advising clients on patent and IP issues relating to transactions, including licenses, asset transfers and acquisitions.
Patent Licensing and Settlement Agreements
Drafted patent licenses and settlement agreements in a variety of technologies.
Patent Audits and Freedom to Operate Analyses
Counseled and conducted patent audits and freedom-to-operate studies involving analyses of worldwide issued patents and published patent applications. Work included creation of searchable databases.