David Fixler




An IP litigator with significant experience in complex, high-profile intellectual property disputes, David acts across a wide range of sectors and technologies including pharmaceuticals and biologics, mining, steel, online gaming, water filtration, complementary medicines and consumer goods.

David has a strong reputation for his work in patent litigation and frequently acts in infringement / revocation proceedings in the Federal Court at trial and on appeal. He takes a strategic approach to these matters which can often include urgent applications for interlocutory injunctions, parallel proceedings globally and complex scientific evidence.

David is recognised as a leading IP lawyer by numerous legal directories and publications including Best Lawyers, IAM Patent 1000 and World Trade Mark Review.

He is a member of the Intellectual Property Society of Australia and New Zealand (IPSANZ) and the International Association for the Protection of Intellectual Property (AIPPI).

Key deals


Acting for a major pharmaceutical company in numerous proceedings before the Federal Court, High Court and AAT IP Australia, concerning the company's patent for the anti-depressant LEXAPRO.


Led Federal Court proceedings to protect the Sportsbet trade mark, and prevent infringement by the client's online betting rival. Secured an interlocutory injunction to prevent rival BetEasy (previously Crownbet) from launching the SPORTINGBET brand.

AFT Pharmaceuticals

Led Federal Court of Australia proceedings relating to marketing claims for AFT’s combination analgesic product MAXIGESIC.


Acted in Federal Court patent and design infringement/validity proceedings relating to beer tap technology. Successfully defended a challenge to CUB’s IP rights on the basis of lack of entitlement.


Acted in an interlocutory injunction application (on the basis of patent infringement) against Sandoz in the Federal Court relating to a generic version of FLOMAXTRA (tamsulosin).


Acted in Federal Court of Australia proceedings concerning Mylan’s patents for its cholesterol lowering product LIPIDL (fenofibrate), including defending interlocutory injunction sought by Mylan.