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David M. Barkan

Principal


650-839-5065
  •  
 

David M. Barkan is a litigation principal in Fish & Richardson's Silicon Valley office and served as the firm's Nationwide Head of Litigation from 2001 through 2006. He specializes in high technology litigation, spanning a broad range of computer and network technologies, including computer graphics, programming theory and language, networking protocols and security, semiconductor processing, analog and digital semiconductor devices, distributed systems, and storage devices. Mr. Barkan has tried intellectual property cases before judges and juries in US district courts, in the US International Trade Commission, and in arbitration proceedings. Prior to law school, Mr. Barkan wrote software for a small start-up in Cambridge, Massachusetts (1988-1989).

David has been selected as a Super Lawyer since 2004 and was listed in The Best Lawyers in America in 2013 and 2014 for Litigation – Intellectual Property. Additionally, in 2009, the Los Angeles and San Francisco Daily Journal named David as one of the "Top 100" most influential lawyers in California. The Los Angeles and San Francisco Daily Journal also named him as one of the "Top 75" intellectual property litigators in California in 2009 and 2010.

Admissions

  • California 1992
  • United States District Court for the Northern District of California
  • United States District Court for the Southern District of California
  • United States District Court for the Central District of California
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Federal Circuit
  • California Supreme Court
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Western District of Wisconsin

Clerkships

  • The Honorable Fern M. Smith, United States District Court for the Northern District of California, 1992 - 1993

Memberships and Affiliations

Firm operating committees:
Litigation Practice Group Leader, 2001-2006
Management Committee, 2002-2004
Compensation Committee, 2012-present

Other Distinctions

Selected publications
"Navigating the Litigation Process," Strategies of Successful Litigators: Best Practices of the World's Top Litigation Lawyers, Aspatore Books (2005).

"Software Litigation in the Year 2000: The Effect of Object-Oriented Design Methodologies on Traditional Software Jurisprudence," 7 High Technology L.J. 315 (1993)

"Book Review of EDI and American Law," published in 5 High Technology L.J. 193 (1990).

Additional information
Featured as a keynote speaker on the audio-recording of "The Litigation Leadership Roundtable: Top Partners on Winning Legal Strategies & Best Practices for Success," ReedLogic Conferences (2005).

Education

  • AB, Harvard University 1987
    Government
    magna cum laude
  • JD, University of California, Berkeley School of Law 1992
    Order of the Coif