Tracey B. Davies - Gibson Dunn LLP
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Tracey B. Davies

Listed in Best Lawyers since 2008
Phone: 214-698-3335

Tracey Davies is a partner in the Dallas office of Gibson, Dunn & Crutcher LLP.  She is Co-Chair of the firm’s Life Sciences practice and is a member of the firm’s Intellectual Property and Litigation practice groups. 

Ms. Davies counsels clients on both intellectual property litigation and transactions. She has served as lead trial counsel in both jury and bench trials; in patent infringement cases; and in trials for related litigation, including Hatch-Waxman matters and patent-based contractual disputes. Ms. Davies also counsels clients on strategic intellectual property-driven acquisitions and divestitures; patent portfolio development and management; licensing and forming strategic partnerships; rendering freedom to operate opinions; and other transactions that optimize intellectual property value to the client.

Recognized by The Best Lawyers in America® in litigation – intellectual property, litigation – patent, patent law, and biotechnology law (2008-2015), Ms. Davies advises clients with respect to a wide array of technologies, including, for example, virtual machine technology, data compression, telecommunication systems, mechanical devices, and automotive devices.  In the life science arena, Ms. Davies has experience advising clients in areas such as transgenic plants and animals, pharmaceutical formulation and drug delivery, stem cells, homologous recombination, protein therapies, tissue engineering, gene discovery, recombinant industrial enzymes, coated nanoparticles, and software programs for health care delivery, telemedicine and medical devices. Her scientific experience is in toxicology research, where she has studied the role of aldehyde dehydrogenases in fetal metabolism and the toxic effects of pesticides.

Before joining Gibson Dunn in 2012, Ms. Davies was a partner at Vinson & Elkins, where she was a member of the Executive Management Committee and leader of the firm’s Intellectual Property, Technology and Life Science practices. 

Ms. Davies received her J.D. cum laude from University of Minnesota in 1997, where she served as an Editor of theMinnesota Journal of Global Trade.  She also holds her M.P.H. in toxicology from the University of Minnesota.  In 1989, Ms. Davies graduated with her B.A. in biology with honors from the University of Tennessee, and she holds a B.A. in philosophy from the Katholieke Universiteit, in Leuven, Belgium.

Ms. Davies is admitted to practice in Texas and before the United States Patent and Trademark Office, as well as various United States District Courts, and the United States Court of Appeals for the Federal Circuit. 

Additional Information

  • Won take nothing summary judgment of non-infringement for T-Mobile in Eastern District of Texas (March 2013)
  • Won take nothing defense jury verdict of non-infringement and invalidity for T-Mobile in Eastern District of Texas (February 2013)
  • Lead counsel successfully representing branded pharmaceutical plaintiff  in paragraph IV Hatch-Waxman patent litigation against four ANDA applicants in the first Hatch-Waxman case tried to verdict in the Eastern District of Texas; judgment of infringement of all patent claims asserted, and a finding that all asserted patents were not invalid was affirmed by the Court of Appeals for the Federal Circuit (2013)
  • Lead counsel representing defendant in two-week jury trial in patent infringement matter involving industrial enzyme, where patent was held invalid for lack of written description at the trial court level and this decision was affirmed by the Court of Appeals for the Federal Circuit (2013)
Part 2
  • Co-lead counsel successfully defending California life science company in a patent-based licensing dispute in a three-week jury trial in Michigan
  • Represented numerous clients in branded versus generic pharmaceutical patent litigations governed by the Hatch-Waxman legislation
  • Member of team representing large academic research center and licensee in litigation related to breaches of material transfer and confidentiality agreements related to biotechnology research tool
  • Member of team that represented major agricultural biotechnology corporations in litigation regarding transgenic plant technology
  • Member of team and lead intellectual property lawyer representing pharmaceutical company in litigation involving breach of joint development agreement and dispute over patent rights for technology developed as part of the joint development effort
  • Advise large life science research tools client in numerous patent litigations throughout the United States
  • Member of team representing truck manufacturer in patent litigation over patents to storage systems for truck beds
  • Advised life science company on intellectual property-driven acquisition valued at approximately $930 million
  • Represented specialty pharmaceutical company in licensing and co-development transaction valued at over $300 million to exploit the client’s intellectual property and product in development throughout Asia
  • Lead counsel providing intellectual property diligence reviews for client involved in disbursing $275 million fund to promote commercial development of life science technologies
  • Advise numerous life science and specialty pharmaceutical companies, at all phases of development, regarding global strategic patent portfolio development and management, as well as their freedom to use or develop technology
  • Authored multiple non-infringement and invalidity opinions for major multinational pharmaceutical and biotechnology corporations regarding various therapeutics and research tools
  • Drafted, filed and prosecuted patents related to various inventions such as virtual machine technology, telemedicine-related software, novel nucleic and amino acid compositions, methods of use for such compositions, tissue specific transplant compositions, transgenic organisms, medical devices, interfering RNA and methods of using such compositions and devices; clients for whom such patent applications have been filed and successfully prosecuted include major medical centers and universities, as well as major pharmaceutical and biotechnology companies
Part 2
    • Advise diverse life science clients, including pharmaceutical companies, as well as agricultural and industrial bioscience companies, regarding strategic patent portfolio development and management and freedom to use or develop technology
    • Authored multiple non-infringement and invalidity opinions for major multinational pharmaceutical and biotechnology corporations regarding various therapeutics and research tools
    • Advise and assist major biotechnology and pharmaceutical corporations in development of their patent portfolios, including advising them of their freedom to use or develop various technologies
    • Successfully drafted, filed and prosecuted several agricultural biotechnology patents for major agricultural biotechnology and large oil companies
    • Represent smaller biotechnology and pharmaceutical companies in their licensing and other contract negotiations with large biotechnology or pharmaceutical corporations
Part 3
  • Provide strategic Hatch-Waxman-related advice to specialty pharmaceutical companies
  • Advise and represent biotechnology companies in negotiations to license or purchase technologies from universities or other academic research centers
  • Advise nano-pharmaceutical client regarding strategic development relationships and patent portfolio development
  • Provide strategic patent portfolio advice to early-stage software developer regarding virtual machine software technology
  • Represent software licensor in out-licensing of telemedicine-related software programs and provide strategic advice regarding protection of software
The University of TennesseeBA 1989Katholieke Universiteit LeuvenBA 1990University of Minnesota Twin Cities CampusUniversity of Minnesota Twin Cities CampusJ.D. 1997

Client Comments

"Tracey is responsive, knowledgeable, and creative in her approaches to complex legal issues. She is a great go-to person for tough problems and can simultaneously manage budget constraints."

-Laurie Hill
MedImmune, LLC

Office Location

2100 McKinney Avenue, Suite 1100
Dallas, TX 75201-6912
United States

Practice Areas

Biotechnology Law (Intellectual Property, Life Sciences, Patent, Pharmaceutical)
Litigation - Intellectual Property
Litigation - Patent
Patent Law

Other Information

Gender: Female