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-chairing defense of nationally-known telecom company in utility patent infringement case in the Northern District of Ohio.

Healthy Fiber LLC v. The Kroger Co. (E.D. Tx. 2017); IPR2018-00824 – First-chaired defense of The Kroger Co. in the Eastern District of Texas against claim of patent infringement based on sale of products containing chemically modified food starch. Represented Kroger and MGP Ingredients, Inc. in related IPR. Case successfully settled shortly before IPR institution decision finding all challenged claims likely invalid on multiple grounds. Featured in Law360.

First-chaired defense of nationally-known company in copyright infringement case in the Southern District of New York.

First-chaired defense of nationally-known company in seven utility patent infringement case in the District of Utah. Obtained early dismissal.

First-chaired defense of nationally-known company in seven utility patent infringement case in the Eastern District of Texas. Obtained early dismissal.

First-chaired patent and trade secret enforcement action on behalf of agribusiness client. Obtained a multimillion dollar settlement for the client and negotiated an ongoing, international business relationship agreement between client and adversary.

Counseled a multi-billion dollar, nationally-known retailer on intellectual property, advertising and regulatory aspects of its large scale rebrand.

First-chaired defense of nationally-known company in 18 defendant complex copyright and trademark case in the Southern District of California. Obtained early dismissal.

First-chaired defense against notorious patent assertion entity, Parallel Iron LLC, in the District of Delaware.

First-chaired defense for nationally-known client against notorious patent assertion entity, Geotag, Inc., in the Eastern District of Texas.

First-chaired two-week false advertising jury trial that resulted in a $13,492,000 verdict in favor of our client and a defense verdict in favor of our client on all counterclaims.

First-chaired patent case against well-known global company resulting in a favorable Markman ruling and ultimately an $8 million settlement.

First-chaired successful defense of complex patent, trademark, unfair competition and antitrust case in the Middle District of Florida including a "bet the company" injunction proceeding.

Led successful defense of a $650,000,000 patent case in the District of New Hampshire including identifying and developing the winning non-infringement argument against prominent national IP firm resulting in multiple favorable Markman rulings and ultimately summary judgment on all claims.

News & Insights

Speaking Engagements

"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

Chambers USA, Recognized Practitioner, 2016-Present

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

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

The Best Lawyers in America®, 2010-2020

Missouri and Kansas Super Lawyers, 2010-2019

Missouri and Kansas Super Lawyers, Rising Star, 2008

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

Professional & Civic Activities

Professional & Civic Activities

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 Western District of Missouri 
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Western District of Michigan

Education

University of North Carolina, J.D., with honors, 1996

Westminster College, B.A., summa cum laude, 1993

Jump to Page

We use cookies on our website to improve functionality and performance, analyze website traffic and enable social media features. By continuing to use our website, you agree to our use of cookies. For more information, please see our Cookie Policy.