Axinn, Veltrop & Harkrider LLP
Michael A. Davitz is a partner in the firm’s Intellectual Property and Biomedical Practice Groups, where his practice focuses on creating value for clients through the development and effective enforcement of intellectual property rights. He is a registered U.S. patent attorney as well as a physician with over 15 years of experience in biomedical research, and more than ten years of experience providing strategic counseling to clients in all aspects of intellectual property law.
Dr. Davitz has extensive experience negotiating and drafting licensing, technology transfer and research-and-development agreements. In the pharmaceutical industry, he has negotiated and drafted numerous types of agreements, including licensing, risk-sharing, joint development, product acquisition and supply agreements. Michael has also conducted intellectual property due diligence for joint ventures, mergers, acquisitions, bankruptcy proceedings and venture capital funding. For a multinational company, he developed a series of intra-company intellectual property cross-licensing agreements that permitted transfer of technology and products among the various subsidiaries in a tax-efficient manner.
Dr. Davitz has prosecuted patents in a wide variety of different technologies, including (i) pharmaceuticals, both generic and innovator, (ii) medical devices such as stents, needles and laboratory instrumentation, (iii) biotechnology, specifically involving monoclonal antibodies and genetically transformed organisms and (iv) information technology, for example, linguistic search engines, Internet business methods and genomics. Michael has broad international experience with securing intellectual property protection in Europe, South America, the Middle East, Asia and Canada. In addition, he has experience with European patent and trademark oppositions. He also has provided patentability, freedom-to-operate, non-infringement and invalidity opinions.
He has specific expertise with Hatch-Waxman issues involving the evaluation and development of design-around strategies for generic pharmaceutical products, product portfolio evaluation, Orange Book patent listings, PIV litigation strategies and the negotiation of settlement agreements between innovator and generic companies and between generic companies.
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