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Background

Client Testimonial

  • “Barkan is a litigator. He has an understanding of the overall big picture and his strategy was so masterful that the whole company felt at ease and assured. He understands how to protect everyone.”—Chambers and Partners, 2019

Practice Distinctions

  • Specializes in extraordinarily complex, competitor-to-competitor litigation that often plays out on an international stage.
  • Deeply steeped in issues unique to standards essential patents, including portfolio-level valuations, damages for individual SEPs, licensing rules, and the strategic interplay arising from simultaneous litigations and arbitrations occurring on a global basis.
  • Has handled more than 100 cases across technology fields, including serving as lead counsel in dozens of semiconductor and software patent cases.

About David

As a trial lawyer, David represents multibillion-dollar national and international corporations, including top international telecommunications companies and major semiconductor component companies. David, who worked as a software developer at a startup before attending law school, also represents private companies with innovative software. He has helped these companies enforce their own IP innovations in the competitive product marketplace while also protecting them from IP suits that could derail the company’s strategic plans.

During his nearly 30-year career as a highly-skilled litigator, David is distinguished for the client partnerships he builds—some spanning more than two decades.

Most of his notable cases are competitor-to-competitor cases dealing with litigation that has substantial, sometimes bet-the-company, consequences. For example:

  • In a five-year battle in which David’s electronics company client faced five patents in the USITC and thirteen patents in district court, David successfully tried the USITC case to a non-infringement determination and then obtained summary judgment in district court, leaving only his client’s counterclaims for trial.
  • For a major automotive component supplier, he successfully asserted three turbocharger components patents—obtaining a $32.5 million settlement from the competitor on the eve of trial, despite the competitor having insisted for years it would prove the patents invalid and the case would never see trial.
  • For an innovative private software company, David successfully obtained a non-infringement judgment when the company was sued in its infancy by a large multinational corporation, permitting the private company to continue its growth plans. Over the following decade, David successfully enforced the company’s own patents against three different competitors, helping to secure the company’s marketplace position.

David is also deeply involved in standard essential patent (SEP) and fair, reasonable and nondiscriminatory (FRAND) matters in both litigation and arbitration contexts. He understands the nuances of this developing law and can help both U.S. and international companies—licensor or licensee—make astute choices from a legal and business perspective.

Other Accomplishments

David served as the firm’s Nationwide Head of Litigation from 2001–2006, during a time when the group doubled in size. He also served on the firm’s Management Committee from 2002–2004 and on its Compensation Committee from 2012–2018.

In 2020, David was named 2021 Lawyer of the Year by The Best Lawyers in America© for Trade Secrets Law and was also highly recommended in IAM Patent 1000: Leading Patent Professionals. He was also named a “Technology Law Trailblazer” by The National Law Journal in 2019. The annual list recognizes movers and shakers in the legal industry who have made an impact in their sector through new types of strategies or innovative court cases.

The Los Angeles and San Francisco Daily Journals named David one of the “Top 100″ most influential lawyers in California in 2009 and named him one of the “Top 75″ intellectual property litigators in California in 2009 and 2010.

He has also been recognized as a Northern California Super Lawyer since 2004 and has been listed in The Best Lawyers in America© since 2013 for Litigation—Intellectual Property.

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
  • Massachusetts 2020
  • 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

Other Distinctions

Selected Presentations

  1. “Where FRAND Meets Georgia-Pacific: Measuring Damages for U.S. Patent Infringement for SEPs,” (2017).
  2. FICPI 6th Annual China Intellectual Property Symposium – Hangzhou (April 1, 2017).

Experience

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