An experienced first-chair IP litigator and problem-solver, David uses creativity to resolve disputes successfully and early whenever possible.
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, healthcare, 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.
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
- Press Release05.07.2019
- In the News04.23.2019
- Press Release08.27.2018
- In the News05.03.2018
- Press Release05.03.2018
Panelist, "Bet the Company Litigation – Insurance and Intellectual Property Litigation," Stinson Leonard Street's Business Law Update 2018, 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
"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
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, 2010-2019
Missouri and Kansas Super Lawyers, 2010-2018
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
Practices & Industries
- 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
University of North Carolina, J.D., with honors, 1996
Westminster College, B.A., summa cum laude, 1993