Alan White, Ph.D.

Associate

whiteda@ballardspahr.com
Tel 678.420.9406
Fax 678.420.9301
Atlanta

Alan White is a member of Ballard Spahr’s Intellectual Property Litigation Group, where his practice focuses on patent litigation and counseling for national and global clients in the biotechnology, pharmaceutical, CSE, forestry, and wildlife management industries. Alan has represented plaintiffs and defendants in patent and trademark the U.S. Court of Appeals for the Federal Circuit, various United States District Courts, the Patent Trial and Appeal Board, and the International Trade Commission. His intellectual property litigation experience, include pre-trial investigation, discovery management, claim construction and Markman proceedings, expert reports, fact and expert depositions, trial proceedings, and pre-and post-trial briefing.

Alan also assists clients with advice and counseling on intellectual property licensing agreements, due diligence investigations, and questions regarding freedom to operate. He has reviewed and drafted patent and trademark agreements, and provided opinions and advice pertaining to infringement and validity of molecular biology, pharmaceutical, and computer science patents.

Alan's legal experiences are complemented by his scientific background. A a PhD student and postdoctoral associate at the University of Florida, his research involved the development of recombinant adeno-associated viruses as gene delivery vectors to aid in the study and treatment of inherited retinal diseases.

Representative Matters

  • Representing an international manufacturer of heavy equipment for the forest products industries as plaintiff in district court patent litigation
  • Representing a leading manufacturer of wildlife management products as plaintiff in patent litigations asserted in several district court venues
  • Defended a global nutrition and biosciences company in a district court patent litigation involving patents directed towards bioengineered enzyme additives for animal feed
  • Defended a major U.S. University in district court trademark litigation, and assisted in securing early dismissal of all asserted claims on Sovereign Immunity grounds
  • Defended a global consumer electronics engineering, repair, and logistics company in district court patent litigation and related Federal Circuit proceedings
  • Defended a global consumer electronics retailer in district court trademark litigation, and assisted in securing a favorable settlement of all asserted claims
  • Represented a leading Japanese food and chemical corporation in an ITC investigation involving patents on genetically-modified organisms used for the commercial manufacture of feed additives, and in related district court litigation and inter partes review proceedings. The client's patents were ultimately found both not invalid and infringed, and the ITC issued limited exclusion/cease-and-desist orders to halt the respondents' importation and sale of infringing products in the U.S.
  • Represented a major biotechnology company in an interference proceeding involving a blockbuster drug patent, where the client ultimately prevailed after the opponent's claims were found not patentable due to lack of written description
  •  Defended a global specialty biopharmaceutical company in Hatch-Waxman drug patent litigation in the District of Delaware, where a settlement was reached on mutually-agreeable terms
  • Defended a national retail and outdoor recreation services corporation against a non-practicing entity's infringement claims in a multi-defendant CSE patent litigation in the Eastern District of Texas, where a mutually-agreeable settlement was reached to dispose of infringement claims relating to certain retail website features

Pro Bono Experience

Alan has represented veterans in appeals before the U.S. Court of Appeals for Veterans Claims, and local clients in landlord-tenant disputes through the Atlanta Volunteer Lawyers Foundation.

Judicial Clerkships

Hon. Steve C. Jones, U.S. District Court for the Northern District of Georgia, 2014-2015

Professional Activities

State Bar of Georgia, Intellectual Property Section, Communications Chair

Atlanta Intellectual Property Inn of Court, Pupilage Group Co-Chair

Recognitions and Accomplishments

The Best Lawyers in America "Ones to Watch," – Intellectual Property Law, Litigation - Patent, Patent Law, Technology Law (Atlanta), 2021

Publications

Co-author, Expert Evidence in the Eleventh Circuit, 9 SCIENTIFIC EVIDENCE REVIEW 393, ABA Section of Science & Technology Law (2013)

Author, The Doctrine of Equivalents: Fairness and Uncertainty in an Era of Biologic Pharmaceuticals, 60 Emory Law Journal 751 (2011)

Co-author, Biphasic Photoreceptor Degeneration Induced by Light in a T17M Rhodopsin Mouse Model of Cone Bystander Damage, 50 INVESTIGATIVE OPHTHALMOLOGY & VISUAL 2956,(2009)

Lead co-author, Increased Sensitivity to Light-Induced Damage in a Mouse Model of Autosomal Dominant Retinal Disease, 48 INVESTIGATIVE OPHTHALMOLOGY & VISUAL SCIENCE 1942 (2007)

Emory University School of Law (J.D., with honors, 2011)
Executive Notes and Comments Editor, Emory Law Journal; Class of 2011 ABA/BNA Award for Excellence in the Study of Intellectual Property Law; Top 10% Oralist Award, TI:GER Program Top 10% Award

University of Florida (Ph.D., Medical Sciences–Genetics, 2005)

University of Georgia (B.S. 1996)
National Merit Scholarship

Georgia

U.S. Court of Appeals for the Federal Circuit

U.S. District Court for the Northern District of Georgia

U.S. Court of Appeals for Veterans Claims

Supreme Court of Georgia

Superior Court of DeKalb County, Georgia