David offers over fourteen years of experience in intellectual property law, specializing in the development and management of patent and trademark portfolios, including the procurement and enforcement of patents and trademarks in both domestic and foreign jurisdictions. Additionally, he provides invalidity, infringement, and clearance opinions relating to intellectual property rights.
David has represented clients in the arenas of patent, trademark, copyright, unfair competition, false advertising, trade dress, and antitrust litigation, in U.S. federal courts as well as the U.S. International Trade Commission. He has assisted clients in recording their patents and trademark registrations with the U.S. Customs Service and in seeking exclusion orders to prevent the importation of counterfeit or infringing products.
David’s clients consist of prominent corporate entities, not-for-profit research institutions, and research universities, among others. He has assisted owners of high-profile trademarks and copyrights in the enforcement and policing of their property rights, including rights relating to movie production and to the publication and distribution of products related to cartoon/comics characters, and has counseled clients in the maintenance and enforcement of trade dress and product configurations, including a well-known barbeque grill manufacturer and automotive products manufacturer.
David has extensive experience in preparing patent applications for a wide range of technologies, including medical/surgical/diagnostic devices, nanotechnology, scientific instrumentation, semiconductors & microelectronics, microfluidics, nuclear medicine, ophthalmology, advanced textiles and materials science & engineering.
The specific fields of expertise in which he has prepared and prosecuted patent applications include mass spectrometry, NMR/MRI, molecular spectroscopy, X-ray radiation, pharmaceutical dissolution testing, MEMS, microfluidics, photovoltaics, electroluminescent devices, solid-state electronics, quantum dots, fuel cells, biofuels, advanced electrical storage devices, advanced textiles, orthopedics, micro-scale and nano-scale fabrication including vacuum- and solution-based deposition, and energetic plasma-based processes.
David’s prior experience includes attorney positions in the firms of Jenkins & Wilson (Durham, NC) and Wallenstein & Wagner, Ltd. (Chicago).
- B.S., Mechanical Engineering, North Carolina State University, 1991
- J.D., The John Marshall Law School, Chicago, IL, 1996
- LL.M., The John Marshall Law School, Chicago, IL, 1998
- Member, North Carolina Bar Association
- Member, Durham County Bar Association
- Member, American Intellectual Property Law Association
- Member, Association of University Technology Managers
- Member, American Society for Mass Spectrometry
- North Carolina Council for Entrepreneurial Development
- Supreme Court of North Carolina
- U.S. District Court for the Middle District of North Carolina
- U.S. Patent and Trademark Office
- Perimeter Internetworking v. Echoworx (D. Mass. 2009): Represented plaintiff in patent infringement litigation.
- Represented Binks Sames Corporation in defense of patent infringement claims brought by Behr Corporation.
- In re Circuit Breaker Litigation (C.D. Calif. 1997): Represented original manufacturer in trademark infringement/counterfeiting claims against refurbishers of circuit breakers, and defended original manufacturer against antitrust claims.
- “Trademark Dilution Theory: A Practical Guide for Evaluating a Dilution Claim,” AIPLA Selected Legal Papers, Vol. XIII, No. 1,