Overview

David MacDonald focuses on intellectual property, pharmaceutical and technology transactions, including joint ventures, consortiums and strategic alliances. He regularly advises pharmaceutical and biotechnology clients on transactional matters, including licensing, marketing and co-promotion, supply and distribution, and other collaboration arrangements. He advises global technology companies on patent strategies, patent and software licensing (including settlement of patent litigation), and monetization (assertion, securitizations, trusts and investment funds). David also advises clients on the intellectual property issues that arise in mergers, acquisitions, divestitures, recapitalizations and bankruptcies. Since 2010, David has been included in Intellectual Asset Management magazine’s list of the world’s top 250 patent and technology licensing lawyers for his “cutting-edge expertise on how patent law issues complicate licensing deals” and his “impressive profile in IT outsourcing.” David has also been included in the IAM Patent 1000 since 2012, which describes him as “one of the pharmaceutical industry’s go-to deal brokers” and says he “manifests a rare faculty for facilitating complex collaborations and transactions between life sciences entities.” David was also highlighted in The Legal 500 United States 2012, 2015, 2017 and 2018 guides to leading U.S. law firms for business. David is the former Chair of the Transactions Involving IP Rights Committee of the ABA.

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Thought Leadership

Seminars

David has spoken at various seminars and meetings, including on the following topics:

Developing and Negotiating the Contract for an Outsourcing Agreement,” for the IAOP Certified Outsourcing Professional Master Class

Top 10 Mistakes Commonly Made When Drafting and Negotiating Patent License Agreements,” as part of a joint seminar presented by Kirkland & Ellis LLP and Bae, Kim & Lee, LLC

Update on Quanta: Cases and Contracts,” at the Kirkland & Ellis LLP Licensing Law Seminar

Downstream from Quanta and TransCore: Contracts, Covenants and Consequences,” at the Kirkland & Ellis LLP Licensing Law Seminar

Recent Decisions on Patent Exhaustion and How They May Affect Your License and Settlement Agreements,” at the Kirkland & Ellis LLP Annual Technology & Law Seminar

Memberships & Affiliations

American Bar Association

International Association of Outsourcing Professionals

Credentials

Admissions & Qualifications

  • 1998New York

Courts

  • United States District Court for the District of New Jersey

Education

  • Rutgers School of Law at NewarkJ.D.High Honors1997
    Order of the Coif
  • Harvard UniversityB.A., Classics1991