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简体中文

Background

简体中文

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 listed as a Super Lawyer since 2004, and has been listed in The Best Lawyers in America© since 2013 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. Most recently, David was named a 2019 Technology Law “Trailblazer” by the National Law Journal and made The Recorder’s 2019 list of California Trailblazers.

Education

University of California, Berkeley School of Law 1992
J.D.
Order of the Coif


Harvard University 1987
Government, A.B.
magna cum laude

Admissions

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

Clerkships

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

Memberships & 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,” published in 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
“Where FRAND Meets Georgia-Pacific: Measuring Damages for U.S. Patent Infringement for SEPs,” (2017).

FICPI 6th Annual China Intellectual Property Symposium – Hangzhou (April 1, 2017).

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).

Experience

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