An experienced first-chair IP litigator and problem-solver, David uses creativity to resolve disputes successfully and early whenever possible.
Overview
David co-chairs our IP litigation group and has first-chaired patent, trademark, false advertising, copyright, trade secret, software development and ownership and other commercial disputes in courts throughout the U.S. He leverages more than 20 years of experience litigating intellectual property disputes to inform his case-by-case approach to litigation and obtain successful outcomes for his clients. He uses this same experience to counsel clients on IP portfolio strategy, risk management and agreements.
In 2012, David obtained what was then the fifth-highest false advertising verdict in U.S. history. David’s litigation experience informs his ability to provide IP business counseling focused on practical advice and results to a wide range of companies: agribusiness, food and beverage, software, health care, retail, manufacturing, financial institutions, life sciences, probiotics, internet, marketing and media. He advises on a wide range of IP issues, including patent and trademark portfolios, clearance and risk management, licensing, creating strong trade secret protection programs, as well as creating company-wide IP identification and protection programs.
Experience
AOB Products v. Vista Outdoor Sales LLC - First chair represented nationally known sporting goods company in the District of Minnesota and a related counter-suit in the Western District of Missouri, enforcing utility patents in Minnesota and defending against utility patents in Missouri. Defeated motion to dismiss on 35 USC 101 grounds and obtained successful settlement of all disputed claims. See press release from PR Newswire.
AOB Products v. Good Sportsman Marketing LLC - Represented nationally known sporting goods company in the District of Delaware, enforcing utility patents and trademarks. Obtained early consent injunction and settlement. See press release from PR Newswire.
First chair defending food equipment manufacturer in three utility patent dispute in the Eastern District of Missouri with successful reversal of preliminary injunction by Federal Circuit and PTAB final determinations in IPRs finding all challenged claims of all three patents invalid.
Defended nationally-known retail company in patent dispute in the Western District of Texas.
Served as mediator successfully settling trademark infringement dispute filed in the District of Kansas.
Healthy Fiber LLC v. The Kroger Co. (E.D. Tx. 2017); IPR2018-00824 – First chair defending The Kroger Co. in the Eastern District of Texas against claim of patent infringement based on sale of products containing chemically modified food starch. Led defense for Kroger and MGP Ingredients, Inc. in related IPR. PTAB IPR institution decision finding all challenged claims likely invalid on multiple grounds. Case successfully settled with ongoing business solution. Featured in Law360.
First chair defending nationally-known telecom company in utility patent infringement case in the Eastern District of Texas.
First chair defending nationally-known telecom company in utility patent infringement case in the Northern District of Ohio.
First chair defending nationally-known retail company in copyright infringement case in the Southern District of New York.
First chair defending nationally-known retail company in seven utility patent infringement case in the District of Utah. Obtained early dismissal.
Practices & Industries
Admissions
- Kansas
- Missouri
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court for the District of Kansas
- U.S. District Court for the Eastern District of Missouri
- U.S. District Court for the Western District of Missouri
- U.S. District Court for the District of Colorado
- U.S. District Court for the Western District of Michigan
- U.S. District Court for the Eastern District of Michigan
Education
University of North Carolina, J.D., with honors, 1996
Westminster College, B.A., summa cum laude, 1993
