Derek J. Fahnestock

Derek J. Fahnestock is a patent litigator at Morris, Nichols, Arsht & Tunnell LLP, with a practice primarily focused on intellectual property cases emphasizing the life sciences. He possesses extensive experience in pharmaceutical litigation, including Abbreviated New Drug Application (ANDA) cases under the Hatch-Waxman Act and biosimilars, often representing innovator companies. His academic background in biochemistry and molecular biology supports his work in areas such as nucleic acid sequencing, genetic analysis, and various biotechnology and pharmaceutical matters. While his tracked appearances include cases involving network security technology, the bulk of his detailed professional profile points to a strong specialization in life sciences.

Mr. Fahnestock works both the plaintiff and defendant sides of patent disputes, though his published experience highlights significant representation of patent owners. His tracked cases show three plaintiff-side appearances, including acting as special counsel in Network Security Technologies, LLC v. ForeScout Technologies, Inc. and local counsel for Sarepta Therapeutics, Inc. in its litigation against Genzyme Corp.. He has also appeared as local counsel for defendants in two untracked cases. His firm, Morris Nichols, is recognized for representing both plaintiffs and defendants, with a substantial portion of its work for brand-name drug companies in infringement litigation.

As Special Counsel at Morris, Nichols, Arsht & Tunnell LLP, Mr. Fahnestock is part of a leading intellectual property litigation practice in Delaware, a prominent forum for patent disputes. The firm's IP practice has experience representing both patent owners and petitioners in inter partes reviews (IPR) before the Patent Trial and Appeal Board (PTAB). His notable representations include pharmaceutical innovators such as VANDA Pharmaceuticals, UCB, Sanofi, and Bayer in various Hatch-Waxman cases.

Mr. Fahnestock earned his J.D. from Harvard Law School in 2005, an M.S. in Biochemistry from Stanford University in 2001, and a B.A. in Biology from Johns Hopkins University in 1997. He is admitted to practice in Delaware (2005), the U.S. District Court for the District of Delaware (2006), and the U.S. Court of Appeals for the Federal Circuit (2007).