12544 High Bluff Drive, Suite 400, San Diego, CA 92130
Dave advises clients in the pharmaceutical, biotechnology, chemical manufacturing, entertainment, apparel, food and consumer product industries on complex intellectual property issues. His practice focuses on litigating patent, trademark and copyright cases, including both jury and bench trials. Dave has extensive experience in U.S. and foreign trademark prosecution, enforcement of intellectual property rights, trade secrets, intellectual property due diligence and intellectual property licensing.
- Obtained patent infringement verdict of $13.5M, after a three week jury trial in the Central District of California, involving polyimide film used in the flexible printed circuit boards of mobile phones.
- Obtained patent infringement verdict of $5.5M, plus 10% royalty on behalf of manufacturer of polymer fibers, against importer and distributor of infringing products. After a two week jury trial in the Northern District of Texas, the jury returned a verdict finding the patents infringed and valid and rejecting defendants’ claims of unenforceability.
- Represented pharmaceutical manufacturer in Abbreviated New Drug Application (ANDA) patent litigations relating to blockbuster cholesterol drug and colon cancer drug.
- Represented biotechnology clients in patent disputes relating to humanized monoclonal antibodies and genetic testing.
- Represented defendant in a design patent infringement jury trial and obtained a jury verdict of no infringement.
- Represented a global chemical products company in US ITC Section 337 Investigation relating to patent infringement claims regarding polyimide films.
- Defended pharmaceutical manufacturer against claims of trademark and trade dress infringement, false advertising and related Lanham Act claims. Case settled on favorable terms.
- Represented pharmaceutical company in trademark and trade dress infringement action relating to over-the-counter vitamins. Obtained favorable settlement during trial.
- Represented iconic apparel brands against violators of their intellectual property rights in the sale of counterfeit goods. Obtained ex parte seizure orders and seized counterfeit products in raid of defendants’ stores.
- Represented several trademark owners in numerous domain name dispute (UDRP) proceedings.
- Represented client in trademark infringement action relating to defendant’s use of client’s trademarks in meta tags and on defendant’s websites. Obtained favorable settlement with defendant consenting to permanent injunction.
- Obtained summary judgment and successfully prosecuted contempt of court proceedings against defendant for violating permanent injunction in a case involving the sale and distribution of counterfeit sporting equipment.
- Represented performing rights organization in copyright infringement action against nightclub venue for unlicensed public performance of musical works.
- LLB, University of Windsor, Canada
- MS (Pharmacology), University of Ottawa, Canada
- BS (Molecular Biology), McGill University, Canada
- San Diego Volunteer Lawyer Program
- “Procopio Awards Diversity-Focused Scholarship and Internship to Promising School of Law Student,” University of San Diego Law News, January 15, 2021.
- “Procopio Scholarship and Internship Award Presented to Cal Western School of Law Student Erica Spence,” SD Metro, October 28, 2020.
- Reynolds, Kylle. “On the Move,” Daily Journal, February 24, 2014.
- “Daily Business Report,” San Diego Metro Magazine, February 19, 2014.
- Scurria, Andrew. “Procopio Hires 5 IP Pros to Plant Flag in Silicon Valley,” Law 360, November 27, 2012.
- Butt, Ameera. “Procopio boosts practices, adds new one,” Daily Journal, November 7, 2012.