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.
Experience
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
Qualifications
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
A Latham team led by Mike Morin and David Frazier won the “Litigators of the Week” competition, alongside co-counsel at Finnegan, for their outstanding defense against a US$290 million patent infringement claim and securing a US$116 million award on behalf of Sarepta Therapeutics, in a one-week timed trial in Delaware.
Latham secured a US$115 million verdict for Sarepta Therapeutics and the University of Western Australia in a patent infringement claim against Nippon Shinyaku.
A Delaware federal jury has determined a Japanese pharmaceutical company owes a Massachusetts-based drug developer more than US$115 million for patent infringement, marking a win for Latham & Watkins and Finnegan, who represented Sarepta Therapeutics.
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