PARTNER

Dave has represented Brann & Isaacson’s business clients, including over a dozen of the 100 largest Internet retailers, in business, false claims, intellectual property, privacy, and tax litigation. He has appeared in federal and state trial and appellate courts from Maine to California, and before federal and state agencies nationwide. Dave also advises clients on compliance issues in the areas of data privacy and security and state and local tax.

Dave has experience in all aspects of litigation, from dispositive motions to trial, as well as handling settlement and licensing discussions. He has argued and won favorable judgments for the firm’s clients on motions to dismiss, summary judgment, at trial, and on appeal. He has served as lead counsel on a petition for a writ of certiorari filed in the U.S. Supreme Court, and co–authored amicus briefs for leading national Internet retailers and other clients in the Supreme Court and the U.S. Circuit Court of Appeals for the Federal Circuit; he has successfully argued in the Federal Circuit; and he has co-authored law review and other articles on key issues in false claims, privacy, and patent litigation.

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.


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. Supreme Court
U.S. Court of Appeals for the Federal Circuit
U.S. District Courts for the Eastern District of California, Northern District of California, 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 – 2019)

Chaos Theory: The States’ Response to Wayfair,” State Tax Notes, vol. 92,  no. 11, 887–97 (June 10, 2019) (with Martin I. Eisenstein)
Storming the Castle: Qui Tam After Sprint’s $330M Settlement,” State Tax Notes (Mar. 11, 2019) (with David W. Bertoni)
“The Sky is Not Falling” GAO Report Hobbles Attack on Quill“, State Tax Notes (Mar. 5, 2018) (with David W. Bertoni)
“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 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 – 2015; chair, 2014 – 2015) 

 

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