McDermott Will & Schulte, a global law firm

David skillfully handles all aspects of a lawsuit for his clients, including pre-suit investigations, e-discovery, taking and defending fact and expert depositions, summary judgment and Markman proceedings, presenting and cross-examining witnesses at trial, and appeal. David has represented both petitioners and patent owners in numerous post-grant trials at the PTAB, including all stages of the case from finding prior art through arguing at hearings. His comprehensive IP practice also covers transactions, including negotiating license agreements.

In addition to his IP practice, David is actively involved in pro bono work. His pro bono docket includes representing veterans before the U.S. Court of Appeals for Veterans Claims.

During law school, David was the chief articles editor of the Texas Intellectual Property Law Journal.

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• Represented one of the world’s leading flash memory manufacturers against patent infringement claims involving five patents related to memory devices, including at district court and PTAB*
• Represented a pharmaceutical company in a Hatch-Waxman lawsuit concerning diabetes treatment; the case settled on favorable terms on the morning of trial*
• Represented a wireless carrier in a patent infringement action relating to ringtones and to Multimedia Messaging Service (MMS) technology, which settled on favorable terms*
• Represented a technology company accused of fraud and breach of contract relating to nanowires; the case settled on favorable terms after summary judgment briefing*
• Represented a television manufacturer in a patent infringement investigation relating to timing circuits and bond-pad layout before the ITC; the case settled on favorable terms*
• Represented one of the world’s leading flash memory manufacturers against patent infringement claims involving twelve patents relating to flash memory chips, memory systems, semiconductor processes, and chip packaging patents; after a favorable ruling on the issue of patent exhaustion, all claims were dismissed in federal circuit appeal*
• Represented a national data provider in a patent infringement action involving compression of financial market data, in which all asserted claims were held to be invalid or not infringed; the Federal Circuit affirmed the trial court’s summary judgment rulings*
• Represented a technology company in patent infringement action involving Long Term Evolution (LTE) and 3G mobile communications technology*
• Represented sporting goods manufacturer in a patent infringement action; the case settled on favorable terms shortly after Markman briefing was concluded*
• Tried a patent infringement investigation relating to wind turbine clean-energy technology on behalf of the patentee, a Fortune 50 company, before the ITC; the administrative law judge found a violation of two of the three patents-in-suit and found that the third patent-in-suit was both infringed and valid*
• Represented a group of online retailers accused of infringement of a patent related to real-time transactions occurring over the web based on a variety of web-based transactions, including the online purchase of products and/or services using the retailers’ e-commerce platforms. The matter was settled after the filing of a petition at the PTAB for covered business method (CBM) review*

*Matter handled prior to joining the firm.

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