• Print
  • Email this page
  • Bookmark
Search Tips:

1. Search Adjacent Words - Place quotes around the exact keyword phrase you want to search.
Ex: "regulatory environments"

2. Search in Title Only - Type title: and surround the search terms in quotations to specifically search in titles.
Ex: title:"regulatory environments"
close


David J. Healey

Senior Principal


713-654-5310
  •  
 

Mr. Healey has been litigating complex cases in Federal and State Courts for twenty-five years, and has been focused on patent litigation and related antitrust and tort claims since 1994. Mr. Healey has tried cases in the Federal Courts, International Trade Commission, International Chamber of Commerce (Arbitration), American Arbitration Association, NASD Arbitration Forum, and private arbitration. He has argued appeals in the Federal Circuit, Fifth Circuit and Fourth Circuit Courts of Appeals, as well as the Texas Supreme Court and Texas Intermediate Courts of Appeals. Mr. Healey has been actively involved in planning and executing multi-jurisdictional strategies involving courts in the U.S. and Europe, and administrative agencies (including re-examination in the US PTO, invalidity and declaratory judgment actions in Europe, and state regulatory matters). Mr. Healey has worked on patent and antitrust issues with the Federal Trade Commission, and has represented clients patent related competition matters before the Federal Trade Commission as well as the European Union.

Mr. Healey has put substantial effort recently into ways to better manage patent litigation to reduce costs and the internal burden on clients. He has successfully developed strategies for dealing with non-practicing entities to defend patent claims quickly and cheaply.

Mr. Healey has been involved in negotiating patent licenses in the semiconductor and software industries, he has represented clients in dealing with obligations and licensing in standard-setting organizations, and he has litigated the substantive and anticompetitive effects of licenses in court, in arbitration, and in administrative agencies.

Mr. Healey has also been a frequent speaker on patent and antitrust matters, and has been fortunate enough to have been recognized by industry polls and publications for his work. Additionally, he is the author of Patent Math, a blog that regularly discusses patent business and legal strategies; he can be followed at www.patentmath.com.

Mr. Healey graduated from the University of Texas School of Law in 1985 with honors, and Brown University in 1982. Mr. Healey served as law clerk to the Honorable James DeAnda, United States District Judge, Southern District of Texas, from 1985-1987.

Mr. Healey has been active in the State Bar of Texas Intellectual Property Committee, the Eastern District of Texas Bar Association, and community projects where he lives in the Houston area. Prior to opening Fish & Richardson’s Houston Office, Mr. Healey was a partner in the patent litigation section of an international law firm, and previously was a partner in his own patent litigation boutique firm, as well as a national patent litigation boutique firm in Houston, Texas.

Admissions

  • Texas 1985
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Southern District of Texas
  • United States District Court for the Western District of Texas
  • Supreme Court of the United States
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Appeals for the Fifth Circuit
  • United States District Court for the Northern District of Illinois

Clerkships

  • The Honorable James DeAnda, United States District Court for the Southern District of Texas, 1985 - 1987

Memberships and Affiliations

Houston Intellectual Property in of Court, founding member and treasurer

former Director of Eastern District of Texas Bar Association (two terms)

Chairman, Eastern District of Texas Bench Bar Meeting 2006-2008

Chairman, Antitrust Committee, State Bar of Texas Intellectual Property Section, Antitrust Committee, 2004-2005

Member, ABA, AIPLA, Federal Circuit Bar Association, HBA, HIPLA

Life Fellow, Texas Bar Foundation

Other Distinctions

Recent Rankings
Recognized as an "IP Star" by Managing Intellectual Property (2013, 2014).

Recognized as a 2013 Top Rated - AV® Preeminent™ Lawyer in Intellectual Property Law.

Listed in "The World's Leading Patent Litigators", since 2011 by Intellectual Asset Management.

AV Rated Pre-Eminent by Martindale-Hubbell, highest rating for skill and ethics.

Ranked Tier One for Intellectual Property by Chambers Global, since 2008.

Listed in Best Lawyers in America, for Intellectual Property Litigation, Patent Litigation, and Patent Law since 2007. 

Texas Lawyer, 2002 and 2007 surveys, one of top five “Go To” Intellectual Property Lawyers in Texas (the only lawyers so ranked in both surveys).

Listed in Texas Super Lawyers, since 2002.

Listed in the Law Dragon 3000.

Recent Presentations and Publications since joining Fish & Richardson
Intellectual Property in Electronics and Software: A Global Guide to Rights and Their Applications, (2013), contributor.

International Global Rights in Software: A Guide to Rights and Their Applications, (2013), contributor.

Injunctive Relief for Standard-Essential Patents, Fish INSIGHTS Webinar, November 2013.

State Bar of Texas, Advanced Patent Law Seminar, August 2013, co-author, Antitrust and IP update

State Bar of Texas, Annual Meeting Dallas, Texas, June 2013, Speaker on Injunctions in Patent Cases

Co-panelist with Prof. Richard Gilbert, Antitrust Enforcement in the Licensing and Technology Arenas, 26th Annual Technology Law Conference by the University of Texas School of Law, May 23, 2013.

Speaker, February 17, 2012, Texas Intellectual Property Law Journal Symposium, University of Texas Law School, "Patent Value"

Co-panelist with Steve Susman and Chad Everingham, Impact of America Invents Act on Multi-Defendant Litigation, Intellectual Property Owners Webinair Series, November 8, 2011.

2011 Federal Circuit Bar Association-Eastern District of Texas Joint Bench Bar Conference, planning committee member and presented on Antitrust and Patents. 

2011 University of Texas Advanced Patent Law Seminar, planning committee member and panelist on Patent Damages

 

2011 University of Houston-Houston Intellectual Property Law 27th Institute on Patent Law, Patent Damages presentation

 

Quoted in "The Roles of Lead and Local Counsel", Texas Lawyer, October 24, 2011.

 

Quoted in "The time is now to begin adapting TTO operations under America Invents Act", Technology Transfer Tactics, Vol. 5, No. 10, p. 149, October 28 2011.


2011, "Patent Reform:Plan now or pay later — patent law changes that impact your business," Houston Business Journal, August 5, 2011

Seminar Presenation and Paper, International Patenting and Enforcement: What Your Company Should Be Doing Now!, State Bar of Texas Intellectual Property Law Seminar, July 15, 2011

2011 University of Texas Technology Law Conference, Maximizing Patent Value – Minimizing Cost: EU & IP & U, May 26, 2011 

2011, Industry Standards in Patent Licensing and Litigation, BD Academy Webinar, April 15

2011, "Beware of 'Guillotine Licenses' for Patents with U.S. Companies," China Intellectual Property, March-April, Issue 42

2011, "Are Reasonable Royalties An Equitable Remedy?" Texas Intellectual Property Journal 2011 Annual Symposium, February 18

2010, "Patent Math: Making Sure Your Strategies Add Up," China IP Magazine, with Marc Stone, August 20 issue

Article, "Q&A: Often Abandoned, Patents Should Be Viewed as Assets," Houston Business Journal, August 8, 2010

2010, "A Broken Spoke?," The National Law Journal, May 31 issue

2010, "DO the Math: Overspending + Failing to Realize Patents' Value = YOU Losing Money," Corporate Counsel, with Marc Stone, May 20 issue

2010, "A New Checklist for Patent Damages,"Law360, April 19 issue

2010, “The UK's Fast Lane For IP Enforcement” IP Law360, December 20 issue

Blog on Patent Business and Legal Strategies, www.patentmath.com, since July 2010

 

2010, Eastern District of Texas Bench Bar Conference, Plano, Texas, Conference Planning Committee, & Moderator-Panelist on Improving Efficiency in Patent Litigation

 

2010, University of Texas Advanced Patent Law Seminar, Austin, Texas, Conference Planning Committee, Speaker on Patent Pools and Standard-Setting: In re Princo.

 

2010, Houston Intellectual Property Law Association, Conference Planning Committee

2009, University of Texas Advanced Patent Law Seminar, Austin, Texas, Panelist on damages and presented paper on Lucent v Gateway, Planning Committee member 

 

2009, Eastern District of Texas Bench Bar Conference, Frisco, Texas, Moderator for Panel on Eastern District Practice with Judges Ward and Clark, Attorney participant panel with Eastern District Bench, Planning Committee member

 

2009, "The Texas Four Step," Initial Disclosures in the Eastern District of Texas, IP Litigator magazine, September Issue

 

2009, AIPLA Spring Meeting, San Diego, California, Panelist with Chief Judge Michel of the Federal Circuit; initial disclosures

 

2009, AIPLA, Winter Meeting, Miami Florida, Panelist on Litigation Management

 

2009, Fish & Richardson, Houston, Texas, Panel on Litigation and IP Management and Trends

 

2008, Counsel Café, Palo Alto, California, Panelist on Global Patent Litigation

 

2008, University of Texas Advanced Patent Law Seminar, Austin, Texas, Presentation on Antitrust and Patent Law Recent Developments, Planning Committee member

 

Prior to joining Fish & Richardson, Mr. Healey has spoken, participated as a panelist, and presented papers at multiple conferences each year since 1996, including for example, participating as a panelist on standard-setting and antitrust at the ABA Antitrust Section’s Spring Meeting in Washington, D.C., presenting on litigation of trade secret and patent claims at the University of California-Berkeley Advanced Patent Law Seminar in San Jose, California, on re-examination strategy in litigation at the George Mason University-University of Texas Advanced Patent Law Seminar at the USPTO, and on patent pools, standards, and unfair competition and antitrust, at State Bar of Texas Seminars. He has also done private seminars on patent damages and standard-setting for international corporations.

Education

  • BA, Brown University 1982
  • JD, University of Texas at Austin School of Law 1985
    with honors