PARTNER

Dave has represented Brann & Isaacson’s business clients, including over a dozen of the 100 largest Internet retailers, in patent, trademark, trade dress, copyright, and business litigation in federal and state courts from Maine to California, in the International Trade Commission, and before other federal and state agencies.

Dave has his hands in all aspects of patent litigation, including claim construction, summary judgment, evidentiary hearings, appeals, and settlement and licensing discussions. He has co–authored amicus briefs for Internet retailers in leading patent cases in the United States Supreme Court and the Federal Circuit Court of Appeals, and law review articles on key issues in patent litigation. He also writes for the firm’s intellectual property blog, “IP Wise.”

Before joining the firm, Dave served as law clerk to United States District Judge Vaughn R. Walker of the United States District Court for the Northern District of California in San Francisco. Since law school, he has been actively involved in volunteer and pro bono work on environmental issues, including assisting in the firm’s pro bono representation of the Natural Resources Council of Maine.


Wesleyan University (B.A. with high honors, 1995)
University of Michigan (M.A. in Philosophy, 1998)
University of Michigan Law School (J.D., magna cum laude, Order of the Coif, 2002) 

California
Maine
Oregon
U.S. Court of Appeals for the Federal Circuit
U.S. District Courts for the Southern District of California, District of Maine, and Eastern District of Texas
California, Maine, Oregon, and American Bar Associations 

IP Star, Managing Intellectual Property (2017)

“Alice’s Adventures in Oz: Revealing the Man Behind the Curtain,” 9 Akron Intell. Prop. J. 29 (2015) (with Stacy O. Stitham)
“Patent Law 101: The Threshold Test as Threshing Machine,” Texas IP Law Journal, vol. 21, no. 1 (August 2013) (with Stacy O. Stitham)
“Back to the Future: Revisiting Zippo in Light of ‘Modern Concerns,’” 29 John Marshall J. of Comp. & Info. Law, No. 2 (Fall 2012) (with Stacy O. Stitham)
“Fractious Form 18,” 45 CONNtemplations 1 (2012) (with Stacy O. Stitham)
“Vendor Indemnification on the Open Range,” Intellectual Property Litigation, Vol. 23, No. 1 (2011) (with Stacy O. Stitham)
“ResQNet: Rescuer or Wrecking Ball in Patent–Licensing Negotiations?”, Intellectual Property Litigation, Vol. 22, No. 1 (2010) (with Stacy O. Stitham)
Co–author, IP Wise, a blog on the cutting edge of patent litigation (2010 to Present)
Co–author of amicus curiae briefs for Internet retailers in leading patent cases in the U.S. Supreme Court, including Limelight Networks v. Akamai, No. 12–786 (2014) (elements of proof of indirect patent infringement); Alice Corp. v. CLS Bank Int’l, No. 13–298 (2014) (effect of a presence of a computer in a claim on patent eligibility); Microsoft v. i4i, No. 10–290 (2010) (standard of proof of patent invalidity); and Bilski v. Kappos, No. 08–964 (2009) (patent eligibility of business method patents)
Law Clerk to United States District Judge Vaughn R. Walker of the United States District Court for the Northern District of California (2002 – 2003)

Board of Directors, Williamsburg Montessori School, Williamsburg, Virginia (2013 to present; chair, 2014-15) 

 

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