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David Abramowitz is a partner in Locke Lord’s IP Pharmaceutical and Biotechnology and IP Litigation practice groups. David’s practice primarily focuses on complex patent litigation brought under the Hatch-Waxman amendments to the Federal Food, Drug, and Cosmetic Act, where he has significant experience representing and counseling generic pharmaceutical and biotechnology companies in all aspects of federal intellectual property litigation, including discovery, pre-trial, trial, and post-trial phases. He also has extensive experience litigating other intellectual property disputes concerning patents, copyrights, trademarks, rights of publicity, trade secrets, unfair competition, and defamation. Before attending law school, he worked in academic laboratories where he gained research experience in the areas of organic chemistry, biochemistry, cell biology, material science, polymer science, and nanotechnology.
David counsels and represents pharmaceutical and biotechnology clients from the earliest stages of product development (product optimization, patent design-around, and patent invalidation strategies) and pre-litigation activities (preparation of patent opinions and Paragraph IV notice letters) through the entirety of discovery, claim construction, trial, and appeal. David also provides counseling in connection with FDA regulatory issues on a wide range of subjects from product approval to advertising. He has been involved in disputes concerning formulation of oral, nasal, otic, and ophthalmic dosage forms, formulation of extended- and modified-release dosage forms, polymorphic drug substances, process development, analytical testing of drug substances and drug products, organic and inorganic synthesis, process chemistry, bioequivalence studies, methods of treatment, drug delivery systems, pharmacokinetics, and pharmacodynamics.
David has played a significant role in litigations involving many well-known pharmaceutical products in a number of therapeutic classes, including Paxil®, Paxil® CR, Effexor XR®, and Zoloft® (antidepressants), Neurontin® (atypical antipsychotic), Eloxatin® (chemotherapy), Zymar® and Zymaxid® (ophthalmic antibiotic solutions), Zanaflex® Capsules (antispasmylotic), Strattera® (treatment of ADHD), Xyrem® (treatment of narcolepsy), Uroxatral® (alpha-1 receptor antagonist), Silenor® (treatment of insomnia), Seasonale® (oral contraceptive), Asacol HD® and Lialda® (treatment of ulcerative colitis), Meridia® (treatment of obesity), Solodyn® and Biaxin® XL (extended-release antibiotics).
David experience also extends to litigating disputes concerning copyright, trademark and unfair competition claims involving music, graphical, pictoral, and sculptural works, software, architectural works, jewelry, and various forms of media. He has also been involved in the prosecution of a number of copyright and trademark applications. David has defended a number of clients in defamation, right of publicity and invasion of privacy actions, including misappropriation of image and likeness claims.
David’s patent practice includes traditional patent infringement cases, patent prosecution and patent counseling in a variety of other areas, including electrical engineering, materials science, computer hardware, hearing devices, medical devices, dental devices, and business methods.
Locke Lord Elects Seven New Partners in Four U.S. Cities; Practice Areas Include IP Pharmaceutical, Litigation, Bankruptcy
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