David C. Doyle

Partner

San Diego, (858) 720-5139

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Education

University of California, San Diego (B.A., 1973)
;
University of California, Los Angeles, School of Law (J.D., 1976)

Practices

Patent Litigation

Patent Reexaminations

Intellectual Property Litigation

Bar Admissions

California

David Doyle is a partner in the firm’s Intellectual Property Group and a first-chair trial lawyer whose practice focuses exclusively on patent litigation disputes for pharmaceutical, biotechnology, medical device and other technology companies. He has a wealth of jury trial experience in patent cases, including numerous multi-week jury trials in the past five years. Boasting a truly nationwide practice, Mr. Doyle has served recently as lead trial counsel in patent cases in New York, New Jersey, Illinois, Texas, Delaware, Colorado, Nevada and California. He is leader of the firm’s Abbreviated New Drug Application (ANDA) litigation group, and his latest patent trial was an ANDA case in the Eastern District of Texas in July 2013. He also has a long and distinguished track record of serving as lead appellate counsel in cases before the Federal Circuit.

Mr. Doyle was named Best Lawyer’s “San Diego Litigation – Patent Lawyer of the Year” for 2013, an honor given to a single lawyer in the metropolitan area. He was named a 2011 BTI Client Service All-Star by corporate counsel in recognition of his excellence in client service, and was honored in The National Law Journal’s 2010 Winning list of the nation’s most accomplished trial lawyers. He is perennially selected as a top IP lawyer in the United States by Chambers USA, was selected for the ninth year in a row as a top IP attorney by his peers in Best Lawyers in America 2014, is recommended by Legal 500 US 2013, and in 2006, 2007, 2010, 2012 and 2013 was ranked as one of the top 10 IP lawyers in the United States by U.S. Lawyer Rankings. In 2013, The Daily Journal named Mr. Doyle one of the Top 75 IP Litigators in California, and every year since 2005, both The San Diego Daily Transcript and The Los Angeles Times have recognized Mr. Doyle as one of Southern California’s leading IP attorneys.

Mr. Doyle is also active in community legal interests. He is chairman of the board of directors for the Kyoto Prize Symposium, a legal, corporate and scientific organization that recognizes international scientific achievement. Upon invitation by the U.S. District Court, he also has chaired three magistrate selection committees for the Southern District Court of California.

Mr. Doyle holds a B.A., magna cum laude, from the University of California at San Diego and a J.D. from the University of California at Los Angeles, where he was elected to the Order of the Coif.

Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.

(Court of Appeals for the Federal Circuit). Represented Sandoz in an appeal related to Copaxone, Teva’s $4 billion multiple sclerosis drug. Achieved victory when the Federal Circuit ruled that five of the nine patents covering Copaxone are invalid.

Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc

(Southern District of New York). Represented Sandoz and Momenta Pharmaceuticals in a patent infringement action involving Copaxone, resulting in a complete dismissal.

Takeda Pharmaceutical Co., Ltd. et al. v. Impax Laboratories, Inc.

(Northern District of California). Represented Impax Laboratories in a patent infringement action involving Takeda’s most successful product, Dexilant, an antacid medication. The case was tried in June 2013.

Allergan, Inc. v. Sandoz, Inc.

(Eastern District of Texas). Represented Sandoz in a patent infringement action related to its lead glaucoma drug, bimatoprost.

Hospira v. Sandoz

(District of New Jersey). Represented Sandoz as manufacturer of a generic version of the ICU sedative Precedex in a trial under the Hatch-Waxman Act.

Applied Biosystems Group v. Illumina

(Northern District of California). Represented the world’s largest maker of DNA sequencing systems, Applied Biosystems (AB), against one of its biggest competitors, Illumina, seeking a declaratory judgment that AB’s newest DNA sequencing system did not infringe patents held by Illumina and that the patents were invalid. The patents involved biotechnology, electronics and software elements. AB prevailed on a key summary judgment ruling of noninfringement on one of the four asserted claims. During trial, eliminated one other claim as invalid, and another as not infringed. After a three-week trial, the jury agreed that AB’s probes did not infringe the remaining claim. All rulings were affirmed on appeal.

Merck KGAA v. Integra - Life Sciences Amicus Representation

(U.S. Supreme Court). Represented a group of biotechnology tool companies and trade associations in submitting an important amicus brief in a case involving 35 U.S.C. § 271(e)(i) (use of patent for FDA information). The Supreme Court’s decision expressly avoided a result that could have undermined the patent rights of biotechnology tool companies.

Nichols Institute Diagnostics v. Scantibodies Clinical Laboratory

(Southern District of California). Represented Scantibodies in this patent suit brought by Nichols involving immunoassays to detect levels of parathyroid hormone (PTH) in human blood. Prevailed in a three-week jury trial that resulted in a jury verdict invalidating the patent on best-mode, enablement and written description grounds. The Federal Circuit affirmed the jury verdict ruling that the ‘790 patent was anticipated by the inventors’ own prior publication.

General Atomics (Diazyme Division) v. Axis-Shield ASA

(Northern District of California). Represented General Atomics in a patent case against Axis-Shield ASA involving General Atomics’ Diazyme Laboratories Division’s enzymatic homocysteine assay. On Morrison & Foerster’s advice, General Atomics filed a successful early motion for summary judgment of noninfringement, which was affirmed by the Federal Circuit on appeal.

Abbott Laboratories v. Syntron Bioresearch

(Southern District of California). Obtained a jury verdict of noninfringement for Syntron Bioresearch in a patent suit brought by Abbott Laboratories alleging that Syntron's test kits infringed two of Abbott's lateral flow immunoassay patents. After a three-week trial, the jury returned a verdict of noninfringement on both patents asserted by Abbott. On appeal, the Federal Circuit affirmed on all issues, except the construction of a single claim term. Following appeal, the case was settled on the terms Syntron had originally proposed.

Composite Rotor v. Beckman Coulter, Inc.

(Northern District of California). Represented Beckman Coulter in defense of a patent infringement action filed by Composite Rotor regarding a medical centrifuge patent. Obtained a summary judgment of noninfringement, which was affirmed by the Federal Circuit.

Eastman Kodak v. Kyocera Corp.

(Southern District of New York). Represented Kyocera Corporation as lead trial counsel in this patent/licensing dispute involving the Kodak digital imaging patent portfolio. Helped Kyocera negotiate a favorable settlement resolving all outstanding litigation against Kodak.

St. Clair v. Kyocera Wireless Corp. and Kyocera Communications, Inc.

(District of Delaware). Represents Palm, Inc., Kyocera Wireless Corporation and Kyocera Communications, Inc. as lead trial counsel in this patent infringement case. Succeeded in winning a summary judgment of noninfringement as to all asserted claims.