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David M. Conca Partner, Litigation Department
New York T 1(212) 318-6406 F 1(212) 230-7885

David Conca is a Litigation partner in the Intellectual Property group of the firm’s New York office. He has represented clients in patent matters in pre-suit investigations, discovery, including consolidated discovery proceedings before the Judicial Panel on Multidistrict Litigation, foreign discovery proceedings through the Hague Convention, and multiparty trials and appeals.

Mr. Conca has represented clients in matters covering many different technologies, including polypeptide expression systems, insulins, bronchodilators, sleep aids, delayed-and sustained-release formulations, gastric proton-pump inhibitors, acetylcholinesterase inhibitors, enantiomers of active pharmaceutical ingredients, and medical devices.



Significant Representations

  • Dey L.P. and Mylan Inc. v. Sunovion Pharmaceuticals Inc., (JGK) (S.D.N.Y.) (co-lead counsel for Sunovion concerning COPD drug Brovana®; obtained summary judgment eliminating four and a half years of alleged damages).
  • Sunovion Pharmaceuticals Inc. v. Teva Pharmaceuticals et al., (DMC) (D.N.J.) (counsel for Sunovion concerning sleep drug Lunesta®).
  • Eisai Inc. and Eisai Ltd. v. Teva Pharmaceuticals et al., (HAA) (D.N.J.) (counsel for Eisai concerning Alzheimer’s drug Aricept®; obtained preliminary injunction preventing generic launch).
  • Eisai Inc. and Eisai Ltd. v. Dr. Reddy’s Labs and Teva Pharmaceuticals, (GEL) (S.D.N.Y.) (trial counsel for Eisai concerning proton-pump inhibitor Aciphex®; obtained post-trial judgment and appellate affirmance).
  • In re Omeprazole Patent Litigation (BSJ) (S.D.N.Y.) (trial counsel on behalf of AstraZeneca concerning proton-pump inhibitor for Prilosec®; obtained post-trial judgment of patent validity and appellate affirmance).


Speaking Engagements and Publications
  • Expert Witness Strategies,” NITA Education Center, Boulder, Colorado, July 21-23, 2011
  • “New Biologics Legislation,” IPO Annual Meeting, Atlanta, Georgia, September 12, 2010
  • “E-Discovery Best Practices for Complex Matters,” Dallas, Texas, CLE, May 14, 2009
  • “Setting Up Your Systems: Costs-Where Are they Coming From and How to Contain Them,” Arlington, Virginia, BNA E-Discovery for the Enterprise, September 19, 2008
  • “Recent Rulings and the General State of the E-Discovery Landscape,” IQPC’s 5th E-Discovery Conference, Las Vegas, Nevada, May 6, 2008


Professional and Community Involvement
  • Chair of the Biosimilars Legislation subcommittee of IPO's Pharmaceutical and Biotechnology Issues Committee
  • Member of the firm's E-discovery practice, counseling clients regarding electronically stored information (ESI) best practices relating to preservation, collection, production, and use of ESI in federal courts.
  • Actively participates in Kids in Need of Defense (KIND), where he represents pro bono unaccompanied minors in federal immigration proceedings
  • Member of the New York Intellectual Property Law Association
  • Admitted in New York State, the Southern and Eastern Districts of New York, and the Court of Appeals for the Federal Circuit


Education
  • George Washington University Law School, J.D., 1999, (cum laude, George Washington Law Review)
  • State University of New York Stony Brook, College of Engineering and Applied Sciences, B.Eng., 1996 (Mechanical Engineering)