EXPERIENCE

David has been extensively involved in all aspects of patent litigation, including proceedings before the U.S. Patent Trial and Appeal Board, the U.S. International Trade Commission and various federal district courts, and appeals to the U.S. Court of Appeals for the Federal Circuit.

David has litigated patents in a wide variety of areas, including therapeutic antibodies, recombinant DNA, drug delivery systems, medical devices and histology equipment, surgical imaging software, light-emitting diodes, safety equipment, and software related to financial services networks and online teaching platforms.

His significant patent litigation representations include:

• Genentech in litigations involving the bispecific antibody HEMLIBRA® (emicizumab-kxwh), approved to treat hemophilia A, as well as the anti-PD-L1 antibody TECENTRIQ® (atezolizumab);
• Edwards Lifesciences in a case involving transcatheter heart valve repair systems;
• Nichia Corporation in the enforcement of its patent rights to white LEDs in nationwide litigations against multiple alleged infringers. In related USPTO challenges, the PTAB declined to institute IPR proceedings on four petitions brought by one of the alleged infringers; and
• iFlight, the parent company to DJI, one of the world’s leading quadrotor drone developers, in two related, high-value patent disputes brought by Textron Innovations.

David has also represented clients in antitrust matters in a variety of sectors, including heavy construction equipment and medical devices. Significant representations include:

• International Construction Products (ICP), a now-defunct heavy construction equipment importer, in securing a $100 million jury verdict in the U.S. District Court for the District of Delaware in ICP’s nearly decade-long lawsuit against industry giant Caterpillar; and
• C.R. Bard, Inc. and Bard Access Systems, Inc. as co-counsel in securing a complete defense verdict in a $450 million antitrust lawsuit following a three-week jury trial in the U.S. District Court for the Northern District of New York brought by AngioDynamics, a medical device company, alleging that Bard illegally tied the sales of Bard’s Peripherally Inserted Central Catheters (PICCs) and its Tip Location System (TLS).

David’s other significant litigation representations include:

• CFE International (CFEi) in a lawsuit pending in the U.S. District Court for the Southern District of Texas against two of CFEi’s former directors and officers for breaching their fiduciary duties under both Delaware common law and CFEi’s operating agreement; and
• Revlon in product liability lawsuits involving allegations that certain cosmetics contain cancer-causing agents.

David has also worked on a variety of pro bono matters, including working with or on behalf of The Innocence Project and The Brennan Center for Justice.

WRITING/SPEAKING

David was invited to speak at the IDA Science & Technology Institute—a federally funded research and development center—where he gave a presentation entitled “Overview of the U.S. Patent System.”