David’s practice focuses exclusively on patent litigation and related issues. Drawing upon his industry experience as a medical device and automotive engineer and his degree in mechanical engineering, his particular focus is on technologies related to the medical and automotive fields, including medical imaging, electrosurgery, aneurysm treatments, biopsy devices, stents, and wound closure, and vehicle infotainment, navigation, headlights, and software architecture. David also has represented clients in matters concerning consumer products, computer hardware, software, databases, and wireless devices and regularly defends clients in multi-defendant cases filed by non-practicing entities. A member of the Patent Bar, David regularly employs patent review and reexamination as part of broader litigation strategy and has been lead counsel and secured Final Written Decisions of invalidity in numerous IPRs. He also represents veterans in pro bono matters. Prior to becoming an attorney, David was named as an inventor of over 20 U.S. patents.
Experience
Representative matters
Representative matters
Monument Peak Ventures v. GE Healthcare (S.D. Cal) defended GE against allegations of infringement of three patents related to enhancing and displaying medical images.
University of Florida Research Foundation v. General Electric (N.D. Fla) secured dismissal of case at pleading stage and affirmance by the Federal Circuit for GE Healthcare on § 101 grounds against an infringement allegation concerning bedside patient monitors.
University of Virginia Patent Foundation v. General Electric II (W.D. Va.): defending GE against allegations of infringement of two patents related to MRI pulse sequences; all claims invalidated via four IPR proceedings and David successfully argued for affirmance at the Federal Circuit.
Monument Peak Ventures v. GE Healthcare (S.D. Cal) defended GE against allegations of infringement of three patents related to enhancing and displaying medical images.
University of Florida Research Foundation v. General Electric (N.D. Fla) secured dismissal of case at pleading stage and affirmance by the Federal Circuit for GE Healthcare on § 101 grounds against an infringement allegation concerning bedside patient monitors.
University of Virginia Patent Foundation v. General Electric II (W.D. Va.): defending GE against allegations of infringement of two patents related to MRI pulse sequences; all claims invalidated via four IPR proceedings and David successfully argued for affirmance at the Federal Circuit.
Stragent v. Volvo (E.D. Tex.): defending Volvo against allegation by a non-practicing entity (NPE) of infringement of two patents related to vehicle ECUs that practice the AUTOSAR standard.
Affinity Labs of Texas v. Volvo (W.D. Tex.): secured early settlement for Volvo of patent litigation concerning in-car control of electronic music players.
Signal IP v. Volvo (C.D. Cal.) defended Volvo against an allegation of infringement of a five-patent ex-Delphi portfolio owned by an NPE. Secured early settlement after confirming most accused Volvo systems were subject to a Delphi license.
Frontier Water Systems v. GE (D. Utah): secured a license to three GE patents related to Selenium removal from waste water from a competitor that was asserting related employment claims against former GE employees.
GroupChatter v. General Electric (E.D. Tex.; N.D. Ga.): defended GE against a portfolio of four patents related to paging of emergency personnel; successfully transferred case from Texas to Georgia, the location of GE’s business; case settled after IPR petitions filed.
CamelBak v. Zak! Designs (W.D. Ark): asserting six patents covering flip-top water bottles against competitor.
Lifetime v Camp Chef (D. Utah): defending Camp Chef against an allegation by a competitor of infringement of a patent related to hybrid grills.
Adaptive Headlamp Technologies v. Volvo (D. Del.): defended Volvo against an allegation by an NPE of infringement of a patent related to headlight control systems; patent invalidated via IPR and case dismissed.
MCF v. Groupon (S.D. Cal): defended Groupon against an allegation of infringement of a mobile commerce patent.
USEI v. Atheros (N.D. Cal): defended Atheros against an allegation of infringement of patents related to network interface adaptors.
PJC Logistics v. General Electric (D. Del.; N.D. Tex.): defended GE against allegations of infringement of a patent related to vehicle tracking and security.
GeoTag v. Ross Stores (E.D. Tex.) defended Ross Stores against an allegation of infringement of a patent related to location-based search.
Nomadix v. SolutionInc (C.D. Cal): defended SolutionInc against an allegation of infringement of seven patents related to mobile computing and connectivity.
St. Jude Medical v. AccessClosure (W.D. Ark.) defended AccessClosure against an allegation of infringement of five patents related to catheter-based wound closure.
Hospital Systems (Acacia) v. General Electric (E.D. Texas): defended GE against an allegation of infringement of a patent related to data compression and progressive transmission.
Diagnostic Systems (Acacia) v. IBM (C.D. Cal.): defended IBM against an allegation of infringement of two patents related to expert systems and databases.
DR Systems v. GE (S.D. Cal.); GE v. DR Systems (E.D.N.Y.): represented GE in multidistrict, offensive and defensive patent disputes concerning display of medical images (PACS).
MEI v. Mediatek (N.D Cal.): defended Mediatek against an allegation of infringement of patents related to digital video compression and playback.
Polaris v. Oracle (E.D. Texas): represented Oracle against allegation of infringement of patents related to text recognition and automated customer service.
Best Medical v. Accuray (W.D. Penn.): defended Accuray and its executives against allegations of infringement and disclosure of trade secrets.
Gergely v General Electric (C.D. Cal.): defended GE against an allegation of infringement of a patent related to methods of ultrasound-guided in vitro fertilization.
Joao Bock Transaction Systems v. GE Capital (D. Del.): secured dismissal on § 101 grounds of patent infringement case concerning banking transaction security.
Phoenix Licensing v. CenturyLink (E.D. Tex.): defended CenturyLink against an NPE’s allegation of infringement of a portfolio of six patents related to online marketing systems.
Phoenix Licensing v. General Electric (E.D. Texas): defended GE against a non-practicing entity's assertion of three patents related to financial marketing communications.
RM2 v General Electric (S.D. Cal.): defended General Electric against allegation of infringement of a patent related to remote monitoring of buildings.
Sarif Biomedical v. Accuray (D. Del.): defended Accuray against a non-practicing entity’s assertion of a patent related to computer-assisted microsurgery.
Siemens v. Western Digital (S.D. Cal.): secured discovery for Siemens pursuant to §1782 for use in a German patent litigation.
Speed Monitoring Technologies v. Volvo (D. Del.): secured early dismissal of patent infringement case concerning automatic speed control.
Other medical device matters include representation of ArthroCare (minimally-invasive electrosurgical devices), Conor Medsystems (drug-eluting coronary stents), Micrus Endovascular (cerebral aneurysm treatment), Neothermia (biopsy device), and RITA Medical (minimally-invasive electrosurgical cancer treatment).
Guidant-EVT: Designed stents and stent-grafts for catheter-based treatment of abdominal aortic aneurysms (AAA) and is named inventor of 18 U.S. patents related to the designs.
Stryker-Osteonics: designed orthopedic implants and related instruments for total knee replacement surgery.
Andronic Devices: designed and developed new method and system for alignment of femoral implant during total knee replacement. The project was sold to Stryker/Osteonics and resulted in two U.S. patents.
University of Virginia Patent Foundation v. General Electric II (W.D. Va.): defending GE against an allegation of infringement of two patents related to MRI pulse sequences; case currently is stayed pending completion of Inter Partes Review in which 135 claims were held invalid in three Final Written Decisions.
Recognitions
- Super Lawyers, Northern California Rising Stars list, 2010 and 2011
Credentials
Education
Education
- Santa Clara University School of Law, 2001, J.D., cum laude; Am Jur Award for Patents; Emery Scholarship; Dean’s List; Honors Moot Court
- University of Alberta, 1991, BSc, Mechanical Engineering
Professional admissions & qualifications
Professional admissions & qualifications
- California
- U.S. Patent and Trademark Office
Court admissions
Court admissions
- Court of Appeals - Federal Circuit
- State Supreme Court - California
- U.S. District Court - Northern District of California
- U.S. District Court - Central District of California
- U.S. District Court - Southern District of California
- U.S. District Court - Western District of Arkansas
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