David P. Halstead

David P. Halstead is a prominent patent litigation attorney and Co-chair of the Intellectual Property department at Foley Hoag LLP, where he has been a partner since February 2014. His practice focuses on the life sciences sector, including biotechnology, chemical, and pharmaceutical industries, where he advises on complex patent strategies, patent prosecution, and portfolio management. He also handles freedom-to-operate matters and product life-cycle management, with particular expertise in Hatch-Waxman and Orange Book issues.

In patent litigation, Mr. Halstead primarily represents defendants, aligning with his firm's frequent role "on the other side of the 'v'" against leading firms in significant intellectual property disputes. His experience includes defending operating companies in infringement claims and related proceedings.

A notable case in his practice is Sun Pharmaceutical Industries, Inc. v. Biofrontera Inc., where he served as lead counsel for defendant Biofrontera. This dispute involved patents related to photodynamic therapy systems. While the U.S. International Trade Commission (ITC) ultimately found Biofrontera's system infringed Sun Pharma's patents and issued exclusion orders, Biofrontera had successfully challenged one of Sun Pharma's patents at the U.S. Patent Trial and Appeal Board (PTAB). However, in a complex outcome, the Director of the USPTO later vacated the PTAB's decision, citing an inadequate justification for departing from the ITC's prior finding of no invalidity. Mr. Halstead's work also extends to advising biopharmaceutical companies like Atara Biotherapeutics and Annexon on intellectual property strategies.

Mr. Halstead is active in PTAB proceedings, a service offered by Foley Hoag's intellectual property practice. His involvement in the IPRs related to the Sun Pharma v. Biofrontera case further demonstrates his experience in post-grant review matters. He holds a Ph.D. in Organic Chemistry from Harvard University and graduated from Harvard Law School in 2002, being admitted to practice in Massachusetts in 2003.