David Fixler




David is an IP litigator with experience in complex, high profile intellectual property disputes. He has acted across a wide range of sectors and technologies including pharmaceuticals, steel, water filtration and consumer goods.

David has considerable experience advising clients across the full range of IP rights. He helps clients use IP rights to protect their commercial interests, and is often called on to develop commercial strategies that address infringement risks.

David 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.