Douglas H. Carsten - McDermott Will & Emery


Douglas (Doug) H. Carsten focuses his practice on complex patent litigation disputes. He counsels clients in various technology areas, including pharmaceuticals, biologics, medical devices, diagnostic products, retail products and computer software. He has substantial first-chair trial experience that includes litigating high-profile and billion-dollar patent cases. Doug is also co-chair of the Firm’s global Life Sciences practice.

Doug is an active speaker on topics relating to patent law, trial practice, Hatch-Waxman issues and oral presentation skills.


  • Secured Federal Circuit victories for Viatris (formerly Mylan) on four appeals affirming several PTAB decisions invalidating five different Sanofi patents related to Sanofi’s Lantus SoloSTAR insulin glargine product. Doug argued all four appeals on the same day, which was the culmination of four years of work paving the way for Viatris to commercialize Semglee, a lower-cost version of Lantus SoloSTAR, which made history as the first approved interchangeable biologic. (Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc)
  • Secured a Federal Circuit reversal of a patent term adjustment decision that cost his clients more than a year and a half of patent term relating to the oral pulmonary hypertension drug Orenitram, invalidating a US Patent and Trademark Office (USPTO) regulation that the Federal Circuit had previously affirmed as reasonable (Supernus et al. v. Iancu)*

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  • Daily Journal, Top Intellectual Property Lawyer, 2018 to 2023
  • LMG Life Sciences 2022, Shortlisted for General Patent Litigator of the Year – California
  • LMG Life Sciences 2021-2022 – Leading Life Sciences Lawyer
  • IAM Patent 1000 – The World’s Leading Patent Practitioners, 2022
  • Legal 500 USA, Recommended Lawyer, 2022
  • San Diego Super Lawyers, Intellectual Property, 2016 to present
  • Daily Journal, “Top 75 Intellectual Property Litigators”, 2015


Georgetown University Law Center, JD, cum laude, 1998
Harvard University, MA, Organic Chemistry, 1995
State University of New York at Stony Brook, BS, Chemistry and English Literature, BS with departmental honors, summa cum laude, Phi Beta Kappa, 1993

Courts / Agencies
US Supreme Court
US Court of Appeals for the Federal Circuit
US District Court for the Central District of California
US District Court for the Northern District of California
US District Court for the Southern District of California
US Patent and Trademark Office