Derek J. Fahnestock

Special Counsel

(302) 498-6238 F

Derek’s practice focuses on patent and other intellectual property cases across a variety of technologies, with an emphasis on the life sciences.

With a focus on efficient and effective representation, his experience encompasses all areas of litigation through trial and appeal, working as lead or Delaware counsel.

Derek has significant experience with cases that draw upon his academic background in biochemistry and molecular biology, through which he gained an appreciation for the rigors of research. He has represented a number of innovator companies in Abbreviated New Drug Application (“ANDA”) litigation under the Hatch-Waxman Act. He has also represented companies in litigation involving biotechnologies such as DNA sequencing and analysis platforms.

Professional Activities

  • American Bar Association
    • Litigation Section
    • Intellectual Property Law Section
  • Federal Bar Association
  • 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 (“HAE”).
  • Represented Sanofi at trials involving Multaq®, Sanofi’s treatment for atrial fibrillation among certain patients.
  • Represented Agilent Technologies Inc. in a patent case involving nucleic acid array genotyping technology.
  • Represented VANDA Pharmaceuticals in Delaware actions involving the drug Fanapt® for treatment of schizophrenia and Hetlioz® for the treatment of non-24-Hour Sleep Wake Disorder.
  • Represented Bayer in Delaware actions involving its medications Nexavar®, Stivarga®, and Xarelto®.


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