David A.Gay Ph.D.

Partner

San Diego + 1.858.314.1182

With more than 25 years of experience in the life sciences arena, David Gay focuses his practice on pharmaceutical and biotechnology intellectual property law. He frequently counsels clients facing sophisticated issues arising from the merger of different and complex technologies.

David advises established and emerging biotechnology and pharmaceutical companies on the strategic design, acquisition, and management of intellectual property rights, with particular attention on the integration of business objectives and competitive technologies. His experience includes evaluating patent portfolios and conducting due diligence investigations for venture capital, private, and public financing as well as for mergers and acquisitions in the pharmaceutical and biotechnology areas. A substantial portion of David's practice is devoted to patent portfolio management, U.S. and foreign patent prosecution, opposition proceedings, freedom-to-operate investigations, validity and infringement analyses, and technology licensing. In the area of strategic planning, he advises corporations on the management of portfolios in areas including metabolic engineering, protein and small molecule therapeutics, humanized and fully human antibodies, immunomodulatory agents, cell therapy, including stem and iPSC therapy, gene therapy, pharmaceutical formulations, genomics, proteomics, bioinformatics, nanotechnology, biosensors and diagnostics, as well as in diverse areas of biochemistry, genetics, and molecular biology.

David co-chaired the Special Committee on Biosciences and Chemical Practice for the ABA Section on Intellectual Property Law for two years. Previously, he served as co-chair of the IP section's Licensing Committee and as chair of the Patent Licensing Subcommittee.

Experience

  • Genomatica enters sponsored research agreement relating to biofuels, acquires technology from REGIJones Day represented Genomatica, Inc. in entering a sponsored research agreement for the development of advanced biofuels and acted as special IP counsel to Genomatica in its simultaneous acquisition of the assets of the life sciences division of Renewable Energy Group, Inc. ("REGI").
  • Celgene acquires Juno Therapeutics for $9 billionOn behalf of Celgene Corporation, Jones Day conducted a large-scale intellectual property due diligence review and evaluation of matters related to its definitive merger agreement and acquisition of Juno Therapeutics for approximately $9 billion, including Juno’s technology related to CAR-T and TCR cellular immunotherapeutics for use in oncology and other indications.
  • CJ CheilJedang defends German patent infringement action by Japanese competitorJones Day is representing CJ CheilJedang Corporation, a major Korean-based multinational company, in a patent dispute with a Japanese competitor before the courts in Germany.
  • Scynexis launches public offering of Common StockJones Day led a team that handled the IP diligence for a follow-on public offering of common stock for Scynexis, Inc., a Research Triangle Park, North Carolina, pharmaceutical company committed to the discovery, development, and commercialization of novel anti-infectives.
  • Genomatica enters into licensing and joint development agreementsJones Day represented Genomatica on a range of licensing and joint development agreements with multiple partners worldwide.
  • Bayer CropScience acquires biological pest management company AgraQuest for $425 million (€340 million)Jones Day advised Bayer CropScience in its acquisition of AgraQuest, Inc. and its Mexican subsidiary, AgraQuest de Mexico S.A. de C.V. for $425 million (€340 million) plus milestone payments.
  • Genomatica establishes global patent portfolios related to production of more sustainable versions of major chemicals, made from alternative feedstocksJones Day represents Genomatica in the development of a worldwide patent portfolio related to methods of producing high-volume basic and intermediate chemicals from alternative feedstocks, such as sugars and cellulosic biomass, using engineered microorganisms.
  • Speaking Engagements

    • May 7, 2015
      IP Roundtable - Emerging Trends in IP Valuation and Risk Analysis
    • September 2014
      KSR v. Teleflex - 7 Years Later: Trying to Make Sense of Nonobviousness in the Biotechnology and Pharmaceutical Fields!
    • January 16, 2013
      2012 Patent Law Year in Review - and a Look Ahead at 2013
    We use cookies to deliver our online services. Details of the cookies and other tracking technologies we use and instructions on how to disable them are set out in our Cookies Policy. By using this website you consent to our use of cookies.