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Biography
David practices in all areas of intellectual property law, with particular emphasis on patent litigation. David has represented firm clients in patent, trademark, trade dress and copyright infringement matters; litigation involving trade secrets; and contract disputes involving complex technology. He has handled a variety of business transactions involving technology as well, including patent and know-how licenses, and franchise and employment agreements.
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Representative
Experience
Intellectual property matters - For a major semiconductor manufacturer, obtained a summary judgment of non-infringement of a patent claiming a power semiconductor device
- Represented a major consumer products company in asserting its protectable trade dress and trademarks against a significant competitor, obtaining a highly successful resolution to the litigation
- For a major semiconductor manufacturer, obtained a summary judgment of non-infringement of a patent claiming packaging for a power semiconductor device
- Represented a major computer manufacturer in patent infringement litigation related to communications protocols for local area networks, obtaining a summary judgment of non-infringement
- Represented an Internet service provider in a patent infringement suit involving hypertext and hyperlinks, obtaining a summary judgment of non-infringement
- Represented a third-generation, family-owned lumber company in patent infringement litigation involving hardwood lumber processing techniques, obtaining a highly favorable settlement
- Represented a commercial entity in complex negotiations with NASA regarding significant commercialization opportunities on the International Space Station
- Obtained a reversal on appeal before the Federal Circuit of a client's adverse trial decision, resulting in the reinstatement of the client's patent rights and the entry of an injunction against the defendant-infringer
- Represented an oil and gas exploration company in a patent infringement dispute involving marine seismic exploration technology and data reduction algorithms
- Represented a large energy distributor in trademark infringement disputes with an insurance company
- Represented a quasi-governmental entity in connection with a trademark infringement and contract dispute with an advertising agency
- Represented clients in connection with various technology licensing and services agreements and joint technology development agreements
- Represented various clients in connection with patent prosecution and copyright and trademark registrations
- Represented various clients in connection with development of confidentiality, noncompetition and nonsolicitation agreements, and in connection with litigation of such agreements
- Represented various clients in connection with marketing, sales representative and distributor agreements
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Education and Professional Background
- University of Kansas, B.S. in aerospace engineering with distinction, 1984 (Phi Kappa Phi; Tau Beta Pi; Sigma Gamma Tau, Outstanding Engineer Award, 1983-1984)
- University of Kansas, M.S. in aerospace engineering, 1987
- NASA-Johnson Space Center, Design Engineer/Project Manager, 1985-1994
- South Texas College of Law, J.D. magna cum laude, 1994
- Law clerk to the Honorable C. Leroy Hansen, U.S. District Court Judge for the District of New Mexico, 1994-1996
- Assistant United States Attorney, District of New Mexico, 1999-2000
- Admitted to practice: New Mexico, 1995; Texas, 1997; United States Patent and Trademark Office; U.S. Court of Appeals for the Federal, Fifth and Tenth Circuits; and various federal district courts
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