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David Fournier, firmwide Patent Prosecution & Portfolio Counseling practice chair, is an intellectual property partner with 20 years of life sciences experience. Prior to becoming an attorney, Dave spent several years working in clinical research and as a patent agent with Pfizer and its legacy companies, where he was responsible for monitoring drug trials and the development and implementation of product lifecycle management strategies for a variety of key products. Through that industry experience, Dave gained valuable insight into drug development and product lifecycle management strategies.
Called a “star of the firm’s Chicago life sciences offering and a coal-and-ice partner to emerging biotech companies, clinical-stage pharmaceutical companies and others,” Dave is ranked in the IAM Patent 1000. The 2020 guide notes, ”his acuity of vision when it comes to the patent landscape allows him to make the portfolio moves that vault clients over the competition.”
Dave’s practice concentrates on pharmaceutical, biologic, medical device and consumer product patent matters, with particular emphasis on product exclusivity planning, strategic development of global patent portfolios and client counseling under the Drug Price Competition and Patent Term Restoration (Hatch-Waxman) Act, relating to pharmaceutical products, and the Public Health Service Act and the Biologics Price Competition and Innovation Act, relating to biologic therapies.
Dave has guided patent portfolio development and lifecycle management strategies for a variety of FDA-approved drugs, including Vascepa®, Androgel®, Celebrex®, Zegerid®, Inspra® and Detrol®, as well as FDA-approved devices, including Cortrak®, Navigator® and Corflo®. Dave has also developed patent portfolios for several developmental stage biologics, including stem cell therapies, antibody-drug conjugates and peptide conjugates. Dave has participated in abbreviated new drug application (ANDA) district court litigations and appeals and counsels clients on Orange Book listing and Use Code strategy, patent term extensions and adjustments, FDA exclusivity and pre-ANDA litigation strategy. Dave also has experience with a variety of post-grant proceedings including reissues, reexaminations, European oppositions, inter partes reviews and post-grant review.
In addition to his patent procurement practice, Dave has extensive experience leading IP due diligence assessments relating to venture capital and private equity financings, public offerings, asset acquisitions and royalty monetizations. Dave also conducts patent landscape analyses, renders opinions on freedom-to-operate, inventorship, validity and patentability issues, drafts and negotiates patent license agreements and mines mature patent portfolios for opportunities to maximize value.
Representative technologies with which Dave has experience include small molecule drugs, such as opioid analgesics, proton-pump inhibitors, COX-2 inhibitors, cannabinoids and cannabinoid derivatives, cardiac glycosides, enoyl reductase inhibitors, omega-3 and omega-6 fatty acids and derivatives, specialized proresolving mediators, statins and statin-derivatives, and hormone replacement therapies, among others; biotechnologies, such as stem cell therapies, CRISPR-CAS9 gene editing, xenotransplantation, stem cells, fusion proteins and peptide conjugates, cargo peptides, antisense oligonucleotides, antibody-drug conjugates, nerve grafts, genetically modified plants and microorganisms, biofuels and biomass pyrolysis systems, among others; medical devices, such as enteral/vascular access devices, drug auto-injectors, optical surgery devices, hemodialysis systems, peripheral perfusion systems, tumor ablation systems, microneedles for drug delivery and suture anchors, among others; and medical diagnostics, such as spectroscopic cancer diagnostics and diagnostics for monitoring drug compliance and cardiovascular risk, among others.
Dave's graduate research focused on characterization of protein kinase C isozyme expression in human endometrial carcinomas and correlation with various clinicopathic disease features.
