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David M. Conca

Partner, Litigation Department
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 experience in multiparty trials and appeals, pre-suit investigations, and all phases of discovery, including consolidated discovery proceedings before the Judicial Panel on Multidistrict Litigation and foreign discovery proceedings through the Hague Convention.

Mr. Conca has represented life sciences companies in patent cases involving many different technologies, including polypeptide expression systems, bronchodilators, sleep aids, delayed- and sustained-release formulations, gastric proton-pump inhibitors, acetylcholinesterase inhibitors, enantiomers of active pharmaceutical ingredients, and medical devices.

Experience

  • Novartis Vaccines and Diagnostics and Novartis AG v. Alexion Pharmaceuticals, Inc., (SLR) (D. Del.) (counsel for Alexion concerning protein expression technology used to make monoclonal antibody Soliris®).
  • Dey L.P. and Mylan Inc. v. Sunovion Pharmaceuticals Inc. (formerly Sepracor), (JGK) (S.D.N.Y.) (counsel for Sunovion concerning COPD drug Brovana®).
  • 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®).
  • Eisai Inc. and Eisai Ltd. v. Dr. Reddy’s Labs and Teva Pharmaceuticals, (GEL) (S.D.N.Y.) (counsel for Eisai concerning proton-pump inhibitor Aciphex®). 

Speaking Engagements and Publications

  • “Predictions Related to Biosimiliars Challenges: Recent Declaratory Judgment Cases involving BPCIA,” New York BIO Conference, May 18, 2014
  • "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

  • IPO’s Pharmaceutical and Biotechnology Issues Committee
  • New York Intellectual Property Law Association
  • Actively participates in Kids in Need of Defense (KIND), pro bono representation of unaccompanied minors in federal immigration proceedings
  • 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.
  • 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)