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Douglas H. Carsten

Partner

San Diego

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Areas of focus

Leads complex patent litigation disputes, with an emphasis on high-stakes trial work

Represents clients in pharmaceutical and life sciences patent matters, including Hatch-Waxman disputes

Handles patent disputes across a broad range of technologies, including medical devices and consumer products

Doug Carsten is co-head of the firm’s global Intellectual Property Group and the go-to lawyer to take high-profile and billion-dollar patent cases to trial.

“Patent holders look to talented trial lawyer Douglas Carsten to handle their most important cases and lead them to a successful verdict. He can tackle the most complex patent disputes that involve dozens of patents and distill the technology down in a comprehensive way. Douglas is always ethical, professional, and phenomenal in the courtroom in front of both judges and juries. He is one of the best trial lawyers in the country.”

IAM Patent 1000

Ranked in

Ranked in

Chambers USA 2025

Ranked in

Ranked in

IAM Patent 1000 2025

Ranked in

Ranked in

Legal 500 US 2025

Results
  • Secured Federal Circuit victories for Viatris (formerly Mylan) on four appeals affirming several PTAB decisions invalidating five different Sanofi patents related to Sanofi’s Lantus SoloSTAR insulin glargine product. Doug argued all four appeals on the same day, which was the culmination of four years of work paving the way for Viatris to commercialize Semglee, a lower-cost version of Lantus SoloSTAR, which made history as the first approved interchangeable biologic. (Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc)
  • Secured a Federal Circuit reversal of a patent term adjustment decision that cost his clients more than a year and a half of patent term relating to the oral pulmonary hypertension drug Orenitram, invalidating a US Patent and Trademark Office (USPTO) regulation that the Federal Circuit had previously affirmed as reasonable (Supernus et al. v. Iancu)*
  • Secured a trial win on a patent relating to United Therapeutics’ flagship product, Remodulin. United Therapeutics’ market capitalization increased approximately $1.2 billion during the trading day in which the US District Court for the District of New Jersey’s decision finding United Therapeutics patent valid and infringed under the doctrine of equivalents was released. (United Therapeutics v. Sandoz)*
  • Obtained trial verdict finding an injector pen for delivering insulin products did not infringe Sanofi’s patent, and further finding the Sanofi patent invalid (Sanofi-Aventis v. Mylan (D. N.J.))*
  • Invalidated two formulation patents relating to Sanofi’s blockbuster insulin glargine Lantus product (Mylan v. Sanofi-Aventis (PTO))*

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Recognitions
  • Daily Journal, Top Intellectual Property Lawyer, 2018-2026
  • Chambers USA, Life Sciences: IP/Patent Litigation, 2025-2026
  • LMG Life Sciences, Leading Life Sciences Lawyer, 2021-2022
  • Thomson Reuters, Stand-out Lawyer – independently rated lawyers, 2026
  • IAM Patent 1000 – The World’s Leading Patent Practitioners, 2022-2025

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Capabilities and industries
Intellectual Property Patent Litigation Life Sciences Intellectual Property & Innovation Trade Secrets
Regional markets
United States India
Community
  • McDermott Will & Schulte Intellectual Property Group, co-head
  • McDermott Will & Schulte Management Committee, member
Credentials
Education
  • Georgetown University Law Center, JD, cum laude
  • Harvard University, MA, Organic Chemistry
  • State University of New York at Stony Brook, BS, Chemistry and English Literature, with departmental honors, summa cum laude
Admissions
  • California
Courts / Agencies
  • Supreme Court of the United States
  • US Court of Appeals for the Federal Circuit
  • US District Court for the Central District of California
  • US District Court for the Northern District of California
  • US District Court for the Southern District of California
  • US Patent and Trademark Office
Languages
  • English