Doug H. Carsten
Practice Focus Area: Patient Litigation
Office: Orange County
Years at Firm: Joined in March 2021
What is your favorite part about practicing life sciences law at McDermott?
I love working with the incredibly talented partners and associates in McDermott Will & Emery’s life sciences group. The level of disparate practice group talent here is remarkable, and I am so excited to collaborate with this team to help our fantastic life sciences clients.
What is the biggest opportunity and greatest challenge facing clients in your area of focus today?
Biggest opportunity: To work with our life sciences team!
Seriously, the biggest opportunity and challenge facing our life sciences clients are the same – the current pandemic landscape. As an opportunity, life sciences companies have never before been so much in the spotlight and viewed as a potential answer to the COVID-19 virus. On the other hand, the very nature of the pandemic has deeply affected and really changed how life sciences – and all companies – conduct business.
What kind of client work gets you most excited when it comes across your desk?
My true love is trying cases. It doesn’t matter what the issue is – if there is a trial involved, I am excited. Secondarily, I really enjoy unpacking complex fact patterns and developing strategies that the client hadn’t thought of to get around particular challenges.
What is the proudest moment of your career to date?
It is difficult to beat a hard-fought trial victory. In one of the wins I’m most proud of, my client, a generic drug manufacturer, was sued in New Jersey alleging infringement of 18 patents relating to my client’s proposed long-acting insulin drug product. The case was assigned to a senior-status judge who had never ruled in favor of a generic pharmaceutical company in all his years on the bench. It was a challenging trial against a top-tier firm involving a highly-technical injector pen syringe patent. I cross-examined both of the other side’s primary experts, both on infringement and validity. The court found in favor of my client and found both of the plaintiff’s experts not credible.
What is an interesting fact about yourself that others may not know?
I spent a week riding a road bike through Burgundy, France. I pedaled past some of the most coddled and exclusive grapes in the world, including the esteemed Romanée-Conti vineyard. Despite pedaling over 250 miles that week, I still weighed more at the end of the week than the beginning!
