David N. Farsiou

Partner

Philadelphia
T +1.215.564.8984
F +1.215.568.3439

Overview

David Farsiou is co-leader of the firmwide Biotechnology, Chemical, and Pharmaceutical patent prosecution team and a patent lawyer with more than 24 years of experience. Not only has he been immersed in patent litigation, handling cases at the trial and appellate levels, but he has been equally involved in patent prosecution, from preparation of patent applications to actions before the U.S. Patent and Trademark Office (USPTO).

As a result, David is able to provide advice and strategies to prosecution clients that lead to patents that can withstand the scrutiny of litigation or – better yet – enable clients to avoid litigation altogether.

Select Experience

Patent Prosecution and Transactional Experience
  • Manages various patent portfolios for major corporations directed to, for example, pharmaceutical drugs, medical devices and industrial chemicals.
Post-Grant Proceedings in the USPTO
  • Serves as counsel in ex parte and inter partes re-examination proceedings regarding nutritional beverages, dietary supplements and polymeric casings for electronic devices.
Litigation Experience
  • Played a central role in a one-month jury trial with a verdict that resulted in a $70 million settlement for the client. Technology involved methods and apparatus for the drying of semiconductor wafers after pre-diffusion cleaning. That trial and others, some of which have reached the appellate level, provided valuable experience on how best to position one's intellectual property to maximize value and enforceability. 
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Experience

Patent Prosecution and Transactional Experience
  • Manages various patent portfolios for major corporations directed to, for example, pharmaceutical drugs, medical devices and industrial chemicals.
  • Prepares and prosecutes patent applications in the chemical and mechanical arts before the USPTO and internationally.
  • Analyzes validity and infringement issues and conducts due diligence activities in various technology fields, including pharmaceuticals, medical devices, polymer chemistry, metal alloys, blood glucose monitoring, biomaterials, imaging, adhesives, plumbing devices and absorbent consumer products.
  • Drafts and argues appeals before the Patent Trial and Appeal Board (PTAB).
  • Prepares and reviews, and advises clients regarding, intellectual property provisions of licensing and acquisition agreements.
  • Provides advice on patent life cycle management, including patent term extension and patent term adjustment.
  • Assesses clinical trial activities and results for potential new inventions.
  • Provides advice on the impact of the judicially-created doctrine of obviousness-type double patenting on pharmaceutical patent portfolios.
Post-Grant Proceedings in the USPTO
  • Serves as counsel in ex parte and inter partes re-examination proceedings regarding nutritional beverages, dietary supplements and polymeric casings for electronic devices.
  • Serves as counsel in inter partes review proceedings regarding pharmaceutical drugs, dietary supplements and chemical additives. 
Litigation Experience
  • Played a central role in a one-month jury trial with a verdict that resulted in a $70 million settlement for the client. Technology involved methods and apparatus for the drying of semiconductor wafers after pre-diffusion cleaning. That trial and others, some of which have reached the appellate level, provided valuable experience on how best to position one's intellectual property to maximize value and enforceability. 
  • Obtained a finding of noninfringement for a pharmaceutical client in a multiple-defendant litigation involving an assertion of four patents relating to administration of hepatitis B vaccines. 
  • Represented major pharmaceutical corporations in patent infringement cases directed to surgical stapler technology, electrochemical test strips for the treatment of diabetes and absorbent consumer products. 
  • Represents clients in actions against the USPTO related to administrative law and statutory interpretation of the patent laws. In one district court action, obtained an additional patent term adjustment for a pharmaceutical drug patent. 

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2017 to 2018, 2022)
    • Recommended in Intellectual Property: Patent - Prosecution (Including Reexamination and Post-Grant Proceedings)
  • Pennsylvania Super Lawyers "Rising Star" (2006)

Memberships

  • Philadelphia Intellectual Property Law Association
  • Benjamin Franklin American Inn of Court
  • New Jersey Technology Council

Community

  • Lower Makefield Township, Pennsylvania: Youth Baseball and Soccer Coach

Industries

Prior Positions

  • Woodcock Washburn LLP
    • Transactional Operations Management Group: Life Sciences Co-Chair
    • Mentor

Admissions

  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. Patent and Trademark Office, Registration No. 44,104
  • Pennsylvania

Education

  • J.D., The Pennsylvania State University - Dickinson Law, 1997; Law Review, Comments Editor
  • B.S., Chemistry, Clemson University, 1994, magna cum laude; Annual Chemistry Scholarship and American Institute of Chemists Award (1994)