David Ludwig’s practice focuses on patent litigation relating to electronics, pharmaceuticals, medical devices, and scientific instruments. He has significant trial and appellate experience, and has represented clients in several USPTO inter partes review proceedings and interference proceedings. David’s practice also includes food and drug law, with a particular emphasis on Section 505 of the Federal Food, Drug and Cosmetic Act.

A selection of David's representative matters include:

• Representing global electronics manufacturer in suit relating to television displays.
• Defending multiple pharmaceutical companies in patent infringement suits.
• Representing generic drug maker in antitrust sham litigation suit.
• Represented a spinal implant manufacturer in a suit against a non-practicing entity, including by filing multiple inter partes review petitions.
• Represented a scientific instruments manufacturer in a patent infringement suit relating to elemental mass spectrometry.
• Represented a scientific instruments manufacturer in multiple interference proceedings relating to high pressure liquid chromatography.
• Successfully challenged the FDA's interpretation of Section 505 of the Federal Food, Drug and Cosmetic Act on appeal to the United States Court of Appeals for the Fourth Circuit.
• Advised clients on patent issues relating to optical systems such as high-power lasers.

David is also committed to pro bono service:

• Lead counsel in Second Circuit appeal relating to defamation and First Amendment issues.
• Represented client in discrimination case, ultimately settling on highly favorable terms.
• Represented former prisoner in action pertaining to injuries sustained during a transportation accident.

Honors

CT Law Tribune - New Leader in the Law (2019)

News

• Axinn Team Prevails for Alvogen in Suboxone Antitrust Litigation
• Federal Circuit Affirms Axinn’s Trial Victory for Alvogen
• Connecticut Law Tribune Honors Axinn With Two Professional Excellence Awards
• Axinn Obtains Substantial Recovery For Pro Bono Client
• Axinn Leads Alvogen to Victory in Hatch-Waxman Case for Generic Zohydro^®
• Axinn Protects Client Endo Pharmaceuticals Inc.’s Approval for Generic Valcyte^®
• Axinn Obtains Fourth Circuit Victory in Generic Celebrex^® Case
• Axinn Successful In Protecting FDA Approval for Client Endo Pharmaceuticals Inc.
• Axinn Wins Preliminary Injunction for WEX Health (formerly known as Evolution1)
• View More ›

Thought Leadership

• Susceptibility of Digital Products to Section 271(g) in the Age of Cloud Computing, Artificial Intelligence, Blockchains, and 3D Printing, The Journal of Robotics, Artificial Intelligence & Law, January 11, 2021
• Quest Integrity v. Cokebusters Puts Cloud-Based Medical Diagnostic Patents at Risk of On-Sale Bar, Medical Device and Diagnostic Industry, February 7, 2020
• Axinn IP Update: No “Single-Entity” Requirement for Section 271(g) Liability, Axinn Update, December 30, 2019
• Fed Circ. Ruling May Affect Eligibility of Life Sciences Patents, Law360, November 21, 2019
• Fed. Circ. Muddies Waters on Method-Of-Treatment Patents, Law360, September 4, 2019
• Method-of-Treatment Patent Eligibility: Step 1 and Done?, Law360, February 5, 2019
• Joint Infringement Post-Akamai Part Two: Decisions Since Akamai and Practice Insights, The Intellectual Property Strategist, February 2017
• Joint Infringement Post-Akamai Part One: Exploring the New Joint Infringement Standard, The Intellectual Property Strategist, January 2017

Education

• JD – University of Virginia School of Law (2013)
• MBA – Union Graduate College (2010) Beta Gamma Sigma Business Honor Society
• BS, Physics and Philosophy, magna cum laude – Union College (2009) Harold A. Larrabee Prize for Excellence in Philosophy

Admissions

• Connecticut
• US District Court District of Connecticut
• US Court of Appeals for the Federal Circuit
• US Court of Appeals for the Second Circuit
• US Patent and Trademark Office