Derek J. Fahnestock
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Derek is an IP litigator. His practice focuses on patent and other intellectual property cases across a variety of technologies, with an emphasis on the life sciences.
Derek’s practice encompasses all areas of litigation through trial and appeal, working as lead and Delaware counsel.
Derek has extensive experience with pharmaceutical cases, representing innovator companies in Abbreviated New Drug Application (ANDA) litigation under the Hatch-Waxman Act and biosimilars. Drawing upon his academic background in biochemistry and molecular biology, he also frequently represents companies in areas such as nucleic acid sequencing and genetic analysis.
Experience
Represented UCB at trials in Hatch-Waxman cases concerning UCB’s Vimpat® epilepsy drug and Neupro® rotigotine transdermal system.
Represented a genetic testing company in multiple patent infringement actions involving cancer and transplant monitoring tools.
Represented Sanofi at trials involving Multaq®, Sanofi’s treatment for atrial fibrillation among certain patients, and Jevtana®, Sanofi’s treatment for certain prostate cancers.
Represented Bayer in Delaware actions involving its medications Nexavar®, Stivarga®, and Xarelto®.
Represented VANDA Pharmaceuticals in Delaware actions involving the drug Fanapt® for treatment of schizophrenia and Hetlioz® for the treatment of non-24-Hour Sleep Wake Disorder.
Represented Agilent Technologies Inc. in a patent case involving nucleic acid array genotyping technology.
Professional & Civic
American Bar Association (Litigation and Intellectual Property Law Sections)
Federal Bar Association
Federal Circuit Bar Association
Delaware State Bar Association
Education
Harvard Law School, JD, 2005,
Ethics, Law and Biotechnology (ELAB), president
Stanford University, MS, Biochemistry, 2001
Johns Hopkins University, BA, Biology, 1997
Admissions
- Delaware, 2005
- District of Columbia, 2008
- US District Court for the District of Delaware, 2006
- US Court of Appeals for the Federal Circuit, 2007