David Fournier

Practice Areas

Intellectual Property Law

Patent Prosecution & Portfolio Counseling

Biotechnology & Pharmaceutical

Life Sciences & Healthcare

Career

David Fournier advises clients on pharmaceutical, biologic, medical device, and consumer product patent matters. He emphasizes product exclusivity planning, strategic development of global patent portfolios, and counseling related to pharmaceutical products under the Drug Price Competition and Patent Term Restoration (Hatch-Waxman) Act and biologics therapies under the Public Health Service Act and the Biologics Price Competition and Innovation Act.

Dave has guided patent portfolio development and lifecycle management strategies for a variety of U.S. Food and Drug Administration (FDA)-approved drugs, including Vascepa®, Androgel®, Celebrex®, Zegerid®, Inspra®, and Detrol®, as well as FDA-approved devices, including Cortrak®, Navigator®, and Corflo®. He has developed patent portfolios for several developmental-stage biologics, including stem cell therapies, antibody-drug conjugates, and peptide conjugates.

Dave has participated in abbreviated new drug application (ANDA) district court litigations and appeals. He counsels clients on Orange Book listing and Use Code strategy, patent term extensions and adjustments, FDA exclusivity, and pre-ANDA litigation strategy. Dave also has experience with a variety of post-grant proceedings, including reissues, reexaminations, European oppositions, inter partes reviews, and post-grant review.

In addition to his patent procurement practice, Dave leads intellectual property due diligence assessments related to venture capital and private equity financings, public offerings, asset acquisitions, and royalty monetization. He conducts patent landscape analyses; renders opinions on freedom-to-operate, inventorship, validity, and patentability issues; drafts and negotiates patent license agreements; and mines mature patent portfolios for opportunities to maximize value.

Representative technologies with which Dave has experience include small molecule drugs, biotechnologies, and medical diagnostics.