Professional experience
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 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 U.S. district courts, in the U.S. International Trade Commission, and in arbitration proceedings.

Mr. Barkan previously served as law clerk to the Honorable Fern M. Smith of the United States District Court for the Northern District of California (1992-1993). Prior to law school, he wrote software for a small start-up in Cambridge, Massachusetts (1988-1989).

Selected as one of the "Top 100" most influential lawyers in California by the Los Angeles Daily Journal in 2009. Named one of the Top 75 intellectual property litigators in California of 2009 by the San Francisco and Los Angeles Daily Journals.

Representative cases

COMPUTER GRAPHICS AND IMAGE PROCESSING

Adobe Systems Incorporated adv. Quantel Limited (computer graphics software) (D. Del.)
Defended Adobe in patent infringement case brought by Quantel. Jury found all five patents invalid, not infringed, and unenforceable despite prior litigation victories by Quantel. The National Law Journal recognized this verdict as one of the Top 15 Defense Verdicts for 1997, the only intellectual property case on the list.

Adobe Systems Incorporated adv. Heidelberger Druckmaschinen AG (computer graphics software) (D. Del.)
Defended Adobe in patent litigation case brought by Heidelberger relating to computer graphics. Resolved successfully.

Autodesk, Inc. adv. Preco, Inc. (CAD software) (D. Kan.)
Defended Autodesk against claims of patent infringement relating to CAD software. Resolved successfully.

Autodesk, Inc. adv. Tektronix (CAD software) (D. Or.)
Defended Autodesk against claims of patent infringement relating to CAD software. Resolved successfully.

Autodesk, Inc. adv. Vermont Microsystems, Inc. (CAD software) (D. Vt.)
Defended Autodesk against claims of trade secret misappropriation relating to computer graphics software in district court and appellate and remand proceedings. Resolved successfully.

Corel Corp. adv. Heidelberger Druckmaschinen AG (computer graphics software) (S.D.N.Y.)
Defended Corel in patent litigation case brought by Heidelberger relating to computer graphics. Resolved successfully.

Corel Corp. adv. JVC (video playback software) (W.D. Tx.)
Defending Corel in six patent cases brought by JVC relating to video playback from optical media.

INTERNET AND ENTERPRISE SOFTWARE

Adobe Systems Incorporated adv. Macromedia, Incorporated (website creation software) (N.D. Cal.)
Defended Adobe in patent infringement litigation brought website creation software. Resolved successfully.

Bank of America Corp. adv. Ablaise Ltd and General Inventors Institute A, Inc. (financial data aggregation services) (D. Del. and N.D. Cal.)
Defending Bank of America against Ablaise’s allegations of patent infringement concerning online data aggregation and banking services.

Corel Corp adv. Entrust Corp. (digital signatures) (E.D. Va.)
Defended Corel against allegations of copyright infringement and unfair competition relating to digital signature add-on software. Resolved successfully after obtaining dismissal of the action based on prior forum selection clause.

Genesys Telecommunications Laboratories v. Kana Corp. (e-mail routing software) (D. Del.)
Represented Genesys in a patent infringement action concerning intelligent e-mail and customer response management software. Resolved successfully.

Yodlee v. Ablaise Ltd and General Inventors Institute A, Inc. (financial data aggregation services) (N.D. Cal.)
Representing Yodlee in a declaratory judgment action arising from Ablaise’s allegations of patent infringement concerning online data aggregation and banking services.

Yodlee, Inc. v. Block Financial Corp. (distributed financial services systems) (D. Del. and W.D. Mo.)
Represented Yodlee in prosecution of patent infringement action related to automatic collection of tax data over the Internet. Resolved successfully.

Yodlee, Inc. adv. Block Financial Corp. (distributed financial services systems) (W.D. Mo.)
Defended Yodlee in patent infringement suit brought by Block relating to distributed financial services systems. Obtained summary judgment of non-infringement. Resolved successfully during appeal.

Yodlee, Inc. v. CashEdge Corp. (data aggregation products and services) (N.D. Cal.)
Represented Yodlee in enforcing nine of its patents regarding financial data aggregation products and services against CashEdge in the Northern District of California. Resolved successfully.

Yodlee, Inc. adv. CashEdge Corp. (data aggregation products and services) (D. Del. and N.D. Cal.)
Defended Yodlee in a patent infringement suit brought by CashEdge concerning methods and apparatus for retrieving and processing financial data. Resolved successfully.

MECHANICAL DEVICES

BorgWarner, Inc. v. Honeywell Int’l, Inc. (automotive turbochargers) (W.D.N.C.)
Representing BorgWarner in asserting three of its patents regarding the design and manufacture of turbocharger components.

Intuitive Surgical adv. Brookhill-Wilk 1, LLC (robotic surgery devices) (S.D.N.Y.)
Defended Intuitive Surgical in patent infringement action brought by Brookhill-Wilk LLC 1 relating to robotic surgery devices. Resolved successfully.

Microsoft Corp. adv. TypeRight Keyboard (Microsoft Natural® keyboard) (S.D.N.Y.)
Defended Microsoft in a five-patent infringement case against TypeRight. Resolved successfully.

NETWORKING

D-Link Systems, Inc. adv. 3Com Corp. (network interface controllers) (N.D. Cal.)
Defended D-Link in a patent infringement case brought by involving network interface controller products. Resolved successfully.

Marvell Semiconductor, Inc. adv. Realtek Semiconductor Corp. (Ethernet networking devices) (N.D. Cal.)
Defended Marvell Semiconductor in a patent infringement suit brought by Realtek Semiconductor in the Northern District of California relating to Ethernet networking devices. In a published decision, obtained a dismissal with prejudice and an award of more than $500,000 in attorneys’ fees for our client.

Marvell Semiconductor, Inc. v. Realtek Semiconductor Corp. / In re Certain Network Controllers and Products Containing Same (Ethernet networking devices) (ITC)
Represented Marvell Semiconductor in a patent infringement action before the U.S. International Trade Commission relating to Ethernet network controllers. Resolved successfully.

Rayspan Corp. and Netgear, Inc. adv. Ruckus Wireless, Inc. (wireless technology for network routers) (N.D. Cal.)
Defending Rayspan and Netgear against Ruckus’ allegations of patent infringement involving antenna technology for network routers.

Sygate Technologies, Inc. v. Zone Labs, Inc. (network security devices) (N.D. Cal.)
Defended Sygate in a patent infringement action brought by Zone labs relating to network computer security software. Resolved successfully.

SynOptics, Inc. v. 3Com (network management software) (N.D. Cal.)
Represented SynOptics in the prosecution of a patent infringement suit relating to network management software. Resolved successfully.

OTHER SOFTWARE

Corel Corp. adv. Blueberry Software, Inc. (file conversion software) (N.D. Cal.)
Defended Corel in copyright infringement case brought by Blueberry Software relating to file conversion software. Resolved successfully.

Corel Corp. adv. Disc Link Corp. (digital information distribution systems) (E.D. Tex.)
Defending Corel against Disk Link’s complaint of patent infringement involving the distribution of information through broadcast and bi-directional communication channels.

PROGRAMMING AND SYSTEMS SOFTWARE

National Instruments Corporation v. Cognex Corp. (machine vision software) (D. Del.)
Defended National Instruments against allegations of patent infringement, copyright infringement, and unfair competition brought by Cognex. Resolved successfully.

National Instruments Corporation v. Coreco Inc. (graphical programming software) (W.D. Tex.)
Represented National Instruments in asserting its foundational graphical programming patents. Resolved successfully.

National Instruments Corporation v. Ensoft Corporation (graphical programming software) (S.D. Iowa)
Representing National Instruments in asserting its graphical programming patents against Ensoft.

National Instruments Corporation v. PPT Vision Inc. (graphical programming software) (W.D. Tex.)
Represented National Instruments in asserting its graphical programming patents. Resolved successfully just prior to scheduled jury trial.

National Instruments Corporation adv. SoftWIRE Technology (graphical programming software) (D. Mass.)
Represented National Instruments in a multi-patent dispute against SoftWIRE Technology and Measurement Computing Corp. relating to graphical programming software. Resolved successfully.

SEMICONDUCTOR DEVICES

Marvell Semiconductor, Inc. et al. v Lonestar Inventions, L.P. (semiconductor device structures) (W.D. Tex.)
Defended Marvell in a patent infringement lawsuit brought by Lonestar. Resolved successfully.

Maxim Integrated Products v. Anpec Electronics Corp. (IC amplifiers) (N.D. Cal.)
Represented Maxim in asserting a patent on integrated circuit headphone drivers against Anpec. Resolved successfully.

Xicor, Inc. v. Catalyst Semiconductor, Inc. (digital potentiometers) (D. Del.)
Represented Xicor in prosecution of patent infringement suit related to digital potentiometers. Resolved successfully.

STORAGE SYSTEMS AND MEMORY DEVICES

Kingston Technology and Phison Electronics adv. SanDisk Corp. (Flash memory devices) (ITC and W.D. Wisc.)
Representing Kingston Technology and Phison Electronics in defending against SanDisk’s claims of patent infringement in the ITC and Western District of Wisconsin regarding flash memory devices.

Mylex Inc. v. American Megatrends, Inc. (RAID controllers) (N.D. Cal. Arbirtration)
Represented Mylex in trade secret arbitration relating to RAID controllers.

Seagate Technology LLC v. Cornice, Inc. (disk drive apparatus and magnetic recording media) (ITC and D. Del.)
Represented Seagate Technology in patent infringement suits brought against Cornice before the International Trade Commission and in the District of Delaware relating to disk drive apparatus and magnetic recording media. Both matters were resolved successfully.

Seagate Technology LLC, et al. adv. StorMedia Texas, LLC (magnetic recording media) (E.D. Tex.)
Defended Seagate Technology in a patent infringement suit relating to magnetic recording media. Resolved successfully.

Samsung Electronics Co., Ltd adv. Fujitsu Microelectronics, Inc. (DRAMs and semiconductor processors) (ITC)
Represented Samsung in a patent infringement action heard before the U.S. International Trade Commission relating to DRAM device structure and semiconductor processing. Resolved successfully.

Sonic Solutions and Napster (formerly known as Roxio, Inc.) adv. Optima Technology Corp. (CD-burning software) (C.D. Cal.)
Represented Sonic Solutions and Napster (formerly Roxio) in a patent infringement lawsuit brought by Optima relating to CD burning software technology. Obtained summary judgment of non-infringement for client.

TELECOMMUNICATIONS

LG Electronics Mobilecomm U.S.A. Inc. adv. Golden Bridge Technology Inc. (wireless communication systems) (E.D. Tex.)
Defended LG Electronics against an action for patent infringement involving WCDMA wireless communication systems brought by Golden Bridge. Resolved successfully.

LG Electronics Mobilecomm U.S.A., Inc. adv Dicam, Inc. (camera phones) (N.D. Ill.)
Defending LG Electronics against an action for patent infringement involving camera phones brought by Dicam.

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).

Bar admissions
Admitted to the bar in California and admitted to practice before federal courts in the Northern, Central, and Southern Districts of California, the United States Courts of Appeal for the Fourth Circuit, the Ninth Circuit and the Federal Circuit, and the California Supreme Court.

Additional information
Named as a "Northern California SuperLawyer" in the field of intellectual property litigation by Law & Politics magazine (2004, 2005, 2006, 2007, 2008, and 2009). Listed in the 2009 Super Lawyers Corporate Counsel Edition.
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).