Douglas (Doug) H. Carsten - Patent Litigation - McDermott Will & Emery

Overview


Douglas (Doug) H. Carsten is the co-head of the Firm’s life sciences industry practice. He focuses his practice on complex patent litigation disputes. Doug 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.

IAM Patent 1000 recognized Doug as a leading litigator, noting that “Patent holders look to talented trial lawyer Douglas Carsten to handle their most important cases and lead them to a successful verdict. He can tackle the most complex patent disputes that involve dozens of patents and distill the technology down in a comprehensive way. Douglas is always ethical, professional and phenomenal in the courtroom in front of both judges and juries. He is one of the best trial lawyers in the country.”

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

 

Results


  • 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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Recognitions


  • Daily Journal, Top Intellectual Property Lawyer, 2018-2024
  • 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, 2022-2023
  • Legal 500 USA, Recommended Lawyer, 2022-2023
  • San Diego Super Lawyers, Intellectual Property, 2016-present
  • Daily Journal, “Top 75 Intellectual Property Litigators”, 2015

Credentials


Education
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

Admissions
California

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