Daniel Margolis

Daniel Margolis

Partner

Clients rely on Dan's combination of legal and scientific expertise he brings to his practice, which focuses on patent litigation and strategic counseling, with a particular emphasis on pharmaceuticals and chemical technologies. 

His expertise allows him to address complex issues for his clients with respect to legal and overall business strategies.

Dan has litigated patent disputes extensively on behalf of both plaintiffs and defendants in federal courts, before the Patent Trial and Appeal Board, and in the International Trade Commission. His cases predominantly involve highly complex chemical technologies, whether in the context of Hatch-Waxman or BPCIA cases or those involving traditional allegations of infringement of chemical patents.

Experience

Representative matters

Fresenius in the overall strategy and patent protection related to its application to market a biosimilar. We have filed seven IPRs at the PTAB, six of which have been instituted.

A multinational pharmaceutical corporation in ITC and District Court patent litigation adverse to Regeneron on the Eylea® Pre-filled Syringe and on its defence of the validity of its U.S. Patent No. 9,220,631 (pre-filled syringe drug product patent) before the Patent Trial and Appeal Board.

Teva representation in a patent infringement litigation against multiple generic defendants involving patents directed to a process for manufacturing glatiramer acetate (Copaxone®). [In re: Copaxone 775 Patent Litigation (D. Del.)].

Teva Pharmaceuticals and Yeda Research and Development representation in the trial of consolidated cases in the District of Delaware relating to Teva’s 40mg three times weekly Copaxone product.

Enzymotec representation in a United States International Trade Commission investigation concerning alleged infringement by Enzymotec’s krill oil supplements. The representation also involved an inter partes review before the Patent Trial and Appeal Board in the United States Patent and Trademark Office. [In the Matter of Certain Omega-3 Extracts from Marine or Aquatic Biomass and Products Containing the Same (ITC).]*

Globally Diversified Conglomerate conducting IP due diligence regarding freedom to operate and scope and strength of patent protection.

Biotechnology Company provided freedom to operate analysis.

*Experience prior to joining Allen & Overy.
 

Qualifications

Admissions

Registered Foreign Lawyer, England and Wales, 2024

Admitted to the Bar of the State of New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Northern District of New York

Academic

J.D., New York University School of Law, 2006

Ph.D., Chemical Engineering, Carnegie Mellon University, 2003

B.S., Chemical Engineering, Rutgers University, 1998