Dave is a top trial lawyer who is highly sought by the world’s most recognized and innovative companies to help them win complex and high-stakes patent litigation disputes. In 2021, he was recognized as the “Best Performing” patent litigation defense attorney in the country by Patexia. As one of the most influential patent litigators in the U.S., Dave has repeatedly been ranked as a Super Lawyer by Northern California Super Lawyers and honored as one of the top 75 IP litigation attorneys in California by the Daily Journal. He is ranked among the leading patent litigators by IAM Patent 1000 as a “tremendous trial lawyer” and “fantastic litigator” who is “distinguished by his combination of trial and technical skill” and “understands how to win.” Dave is also regularly recognized by The Legal 500, which has described him as a "great litigation strategist" with a "superior understanding of tech."
The world’s most innovative companies seek Dave’s advice not only because of his strong command of the law and strategic vision, but also because of his unsurpassed technical expertise. He is a former National Science Foundation Graduate Fellow with an undergraduate degree in physics from Yale University and graduate work in string theory at the world-renowned physics department at Princeton University. He understands most complex technologies with ease and translates them to trial themes that win. He has represented companies in a variety of technologies including cloud computing, natural language processing, machine learning, wearable tech, medical devices, cryptography, telecommunications, database management and business intelligence, e-commerce, and software and hardware design.
Dave has been winning cases for 25 years at every stage of litigation, from motions to dismiss through jury trials and Federal Circuit appeals affirming all of his district court wins. He is one of a few trial lawyers who successfully secured a large award of attorneys’ fees after winning summary judgment in a patent case. He has repeatedly shut down litigation campaigns by non-practicing entities against customers of his clients.
He represents clients in various jurisdictions around the country including in the Northern District of California, Eastern District of Virginia, District of Delaware, Western District of Texas and Eastern District of Texas. He has represented clients in Section 337 investigations instituted by the U.S. International Trade Commission and represented petitioners and patent owners in front of the Patent Trial and Appeal Board.
Following law school graduation, Dave was a law clerk for the Honorable Walter J. Cummings, United States Court of Appeals, Seventh Circuit.
Some of Dave’s winning highlights include:
- Winning all of his Federal Circuit appeals for clients including Amazon, Intel, Under Armor, Twitter and Zillow
- A summary judgment in declaratory judgment action against NPE PersonalWeb Technologies on behalf of Amazon and 80+ AWS customers, including Airbnb, Kickstarter, GoPro and Venmo; Federal Circuit affirmed in a precedential opinion that enlarged Kessler preclusion to the benefit of all patent infringement defendants; subsequently won summary judgment of non-infringement on PersonalWeb’s remaining claims followed by $4.8 million in attorney fees and nontaxable costs for Amazon
- A full defense verdict for Amazon in a patent dispute in the Western District of Texas against competitor Freshub, which was seeking $246 million in damages; a jury found that Amazon’s Alexa-powered smart home devices did not infringe patents held by Freshub
- A full defense verdict for Amazon in the Eastern District of Texas against NPE Virginia Innovation Sciences; the jury found no infringement of any asserted claims and concluded that the patents were invalid, which appears to be only the third time following the Federal Circuit’s decision in Berkheimer v. HP that Section 101 eligibility has been tried to a jury
- A full defense jury verdict for Zillow and Adchemy in the Western District of North Carolina against competitor LendingTree; the verdict affirmed by the Federal Circuit following Dave’s argument on appeal
- A summary judgment of non-infringement for his client Twitter in a patent infringement action brought by Cooper Notification; the judgment affirmed by the Federal Circuit following Dave’s argument on appeal
- A summary judgment of non-infringement for his client Groupon in the Middle District of Florida; the judgment was affirmed by the Federal Circuit following Dave’s argument on appeal
- A full defense jury verdict in Delaware for his client Amazon; the verdict affirmed by the Federal Circuit following Dave’s argument on appeal
- A winning jury verdict and a $25M jury award for his client Informatica in its patent suit against Business Objects
- A summary judgment of non-infringement followed by $820,000 in attorney’s fees for Voxer in a patent dispute with IPVX Patent Holdings
- Cryptography Research
- VIA Technologies
Education & Admissions
J.D., Yale Law School
M.A., Princeton University
National Science Foundation Graduate Fellow
B.S., summa cum laude, with honors, Physics
Phi Beta Kappa
Admitted to practice in California
Admitted to practice before the U.S. Court of Appeals for the Federal Circuit
Registered to practice before the U.S. Patent & Trademark Office