David Frazier is a partner in the Washington, D.C. office and member of the Intellectual Property Litigation Practice. He devotes his practice to litigation and strategic counseling in the area of pharmaceuticals and biologics, particularly antibodies.

Dr. Frazier’s practice focuses primarily on patent litigation, strategic client counseling, due diligence analysis, and providing opinions in a variety of industries including:

  • Biotechnology
  • Antibody drugs
  • Pharmaceuticals
  • Diagnostics

Dr. Frazier has robust experience in pre-litigation, litigation, and trial, both for Hatch-Waxman and traditional biopharmaceutical patent litigation. Dr. Frazier also has experience in PTAB proceedings and strategy. He recently secured a significant victory at the PTAB when the Board denied institution of IPR's filed against formulation patent on a leading biological product with annual US sales in excess of US$8 billion per year.

Prior to joining Latham, Dr. Frazier was a partner in the patent litigation practice at a global intellectual property law firm.

In addition to his practice, Dr. Frazier serves as a member of the firm's Recruiting Committee. He is a member of the Federal Circuit Bar Association, the American Intellectual Property Association, and the American Association for the Advancement of Science.

Dr. Frazier’s representative experience includes:

  • Astellas v. ImStem – represented Astellas in a correction of inventorship suit regarding patents related to the production of human mesenchymal stem cells
  • MorphoSys AG v. Janssen Biotech Inc. and Genmab A/S (D. Del.) – represents Janssen and Genmab defending against an assertion of patent infringement for their breakthrough multiple myeloma antibody therapy, Darzalex
  • Pharmacyclics LLC v. Acerta Pharma B.V. (D. Del.) – represents Pharmacyclics in patent infringement cases related to Bruton’s tyrosine kinase inhibitors for the treatment of lymphoma
  • Counsel for AbbVie in multiple litigations and IPR proceedings involving Humira®, the first human monoclonal antibody drug, including litigation with biosimilar challengers
  • Counsel for AbbVie in multiple litigations involving top-selling drugs for the treatment of Hepatitis C
  • Represented branded pharmaceutical companies in litigation, strategic analyses and preparation for Hatch-Waxman litigation*
  • Represented branded pharmaceutical company on patent issues in antitrust action concerning enforcement of method of treatment patents*
  • Represented branded pharmaceutical company in patent enforcement actions against compounding pharmacies*
  • Represented biotechnology and pharmaceutical companies in due diligence analyses related to technology in-licensing opportunities and business acquisitions*

*Matters handled prior to joining Latham

Thought Leadership

  • Panelist, “That's a Fact! The Role of Factual Disputes in PTAB Institution Decisions in the Life Sciences,” Federal Circuit Bar Association, 2016
  • Co-author, “Let PTAB Decide,” Intellectual Property, an ALM supplement to Corporate Counsel, 2015

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