Derek J. Fahnestock

Special Counsel

(302) 498-6238 F

Derek’s intellectual property litigation practice focuses on patent cases in the District of Delaware and elsewhere, with an emphasis on biotechnology and pharmaceutical cases.

His experience encompasses all areas of patent litigation including pre-trial, trial, and post-trial proceedings.

Derek’s particular focus concentrates on cases involving biotechnology and Abbreviated New Drug Application (“ANDA”) cases under the Hatch-Waxman Act, which draw upon his academic background in the biology and biochemical arts.

Professional Activities

  • American Bar Association
    • Litigation Section
    • Intellectual Property Law Section
  • Federal Circuit Bar Association
  • Delaware State Bar Association

Representative Matters

  • Represented UCB at trials in Hatch-Waxman cases concerning UCB’s Vimpat® epilepsy drug and Neupro® rotigotine transdermal system.
  • Represented Shire and Sanofi-Aventis at trial in Hatch-Waxman litigation related to Firazyr®, Shire’s treatment for hereditary angioedema.
  • Member of lead counsel defending Agilent Technologies Inc. in a patent case involving nucleic acid arrays chromatography.
  • Represented VANDA Pharmaceuticals in related Delaware actions involving the drug FANAPT® for treatment of schizophrenia.


Morris Nichols Team Successful in LadaTech v Illumina Patent Infringement Dispute

Wilmington, DE (March 1, 2012) – Jack Blumenfeld and Maryellen Noreika, Morris Nichols Intellectual Property Litigation Group partners, headed the Morris Nichols patent litigation trial team that represented LadaTech, LLC in its successful patent infringement dispute against Illumina, Inc. The team included associates Derek J. Fahnestock and... Continue Reading