David Frazier serves as Global Vice Chair of Latham’s Intellectual Property Litigation Practice. He represents clients in complex biopharmaceutical patent litigation and provides strategic counseling across the life sciences industry, particularly biologics, antibodies, cell therapy, gene editing, and other emerging technologies.

A trailblazer in defending cutting-edge pharmaceutical products against infringing biosimilars, David combines his sophisticated understanding of molecular biology with keen market insight to represent leading biotechnology and pharmaceutical companies in:

  • Litigation involving innovator products and follow-on biologics
  • Hatch-Waxman litigation
  • Brand-on-brand litigation
  • Licensing and ownership disputes, including related arbitration
  • Strategic counseling

David has robust experience leading and co-leading biopharmaceutical patent litigation, as well in Patent Trial and Appeal Board (PTAB) proceedings and strategy. In multijurisdictional parallel proceedings, he coordinates with local counsel all over the world to implement seamless litigation strategy. 

Before joining Latham, he was a partner in the patent litigation practice at a global intellectual property law firm.

A recognized leader at the firm, David has served as a member of the firm’s Recruiting Committee. David maintains an active pro bono practice, including representing clients in veterans’ rights matters.

David's experience includes representing:

  • AbbVie in numerous litigations involving Humira®, the world’s best-selling drug, resulting in multiple trial, arbitration, and appellate wins
  • AbbVie and its related companies in litigations involving numerous other innovative drugs, including Viekira®, Zemplar®, and Imbruvica®
  • Janssen (a Johnson & Johnson company) in litigation involving its innovative Darzalex® product, resulting in a complete win on summary judgment, and Litigator of the Week honors in the American Lawyer
  • Janssen in litigation regarding its blockbuster Stelara® drug, and litigation involving other innovative pharma products
  • Regeneron in multiple matters, including a patent suit involving its groundbreaking antibody treatment for COVID-19
  • Sarepta in patent infringement litigation concerning its exon-skipping therapy for Duchenne Muscular Dystrophy 
  • Astellas in a suit to recover rights to confidential information and correct inventorship of patents related to the production of human mesenchymal stem cells (Astellas v. ImStem)
  • Ology Bioservices in trade secret litigation concerning plasmid manufacturing technology
  • Multiple large pharmaceutical and biotech companies in strategic intellectual property counseling concerning antibody products
  • A large pharmaceutical company in a confidential arbitration and license dispute concerning antibody-drug conjugate (ADC) technology

Bar Qualification

  • District of Columbia
  • Maryland
  • Pennsylvania
  • US Patent and Trademark Office

Education

  • JD, Georgetown University Law Center
    magna cum laude, Order of the Coif
  • PhD in Microbiology and Molecular Genetics, Harvard University
  • BS in Molecular & Cell Biology, Penn State University