An experienced first-chair IP litigator and problem-solver, David uses creativity to resolve disputes successfully and early whenever possible.

Overview

David is an experienced litigator who has first-chaired patent, trademark, false advertising, copyright, trade secret and other commercial disputes in courts throughout the U.S. He leverages his knowledge of patent, trademark and advertising law enforcement and defense to inform his case-by-case approach to litigation and obtain 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

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 decisions in IPRs finding all challenged claims of all three patents invalid.

Defending 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.

News & Insights

Speaking Engagements

"Intellectual Property Update," Business Law Update Webinar, May 2020

"Intellectual Property Update," Kansas City Business Law Update, March 2020

"Marketing Compliance: Copyright, Trademark & False Advertising," Marketing Matters Series, Nonprofit Connect, November 2019

Panelist, "Evolution of IP & Trends in Industry," AON and Stinson LLP CLE Program, June 2019

Speaker, "Intellectual Property Litigation Hot Topics," Stinson LLP's 2019 Business Law Update, Kansas City, MO, February 2019

Panelist, "Bet the Company Litigation – Insurance and Intellectual Property Litigation," Stinson Leonard Street's 2018 Business Law Update, Wichita, KS, April 2018

Speaker, "Patent Venue post TC Heartland," LAKC's 10th Annual IP CLE Program, February 2018

Panel Moderator, "Corporate Counsel's 7th Annual IP Trademark, Copyright & Licensing Forum: Strategies for Safeguarding Your Brand in the Digital Era," The University Club, New York, NY, November 2015

Speaker, "Litigation in the Technology Era: Regulatory and Litigation Risks from Social Media Advertising," Lathrop & Gage State of Litigation conference, June 2014

Speaker, "Top 10 Legal Pitfalls for Content Generators, Social Media Club of Kansas City," February 2014

Publications

"Changes Reshape IP Litigation Landscape in Kansas," Kansas City Business Journal, July 2017

"Review of the Central Park Five," KC Counselor, April 2013

"Food False Advertising Class Actions on the Rise," Inside Counsel, January 2012

"Photoshop: The Next False Advertising Risk?" Inside Counsel, November 2012

Co-author, "Model Order Has Import Beyond Patent Cases," National Law Journal, January 2012

Recognitions

Recognitions

Recognized by World Trademark Review 1000, Minnesota, 2022

Chambers USA, Recognized Practitioner, 2016 - 2019

BTI Consulting Group, Top 30 Client Service All-Stars, 2016

Managing Intellectual Property, "IP Stars," 2013 - 2016

The Best Lawyers in America®, 2010 - 2023

Missouri and Kansas Super Lawyers, 2010 - 2021

Missouri and Kansas Super Lawyers, Rising Star, 2008

Missouri Lawyers Weekly, "Up and Coming Lawyers," 2008

Professional & Civic Activities

Professional & Civic Activities

KC PBS, Board of Directors, 2020-Present

KC Tech Council, Industry Leadership council, 2020-Present

KC Tech Council, Board of Directors, 2017-Present

KC Rising, Leadership Volunteer, 2016-Present

Kansas City Metropolitan Bar Association, Publications Committee, 2007-2018

  • Co-Chairman, 2012-2015

The Missouri Bar

Kansas Bar Association

KC FilmFest – Board of Directors, 2011-2016

  • Chairman 2012-2015

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

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