David Simons focuses his practice on patent infringement litigation and post-grant proceedings.
David has been practicing patent infringement litigation for more than 20 years. His experience includes jury trials in Massachusetts, Delaware, North Carolina and New York, as well as drafting and arguing dispositive motions, preliminary injunction motions and claim construction before federal district courts around the country. He has also drafted and argued appeals before the U.S. Court of Appeals for the Federal Circuit. David’s cases have involved a variety of technologies in the mechanical, electrical and chemical arts, including computer hardware and software, alarm systems, marine generators, chemical deicers, carpet dyeing machinery and various medical devices and methods of treatment.
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David has also drafted and defended against petitions for inter partes review and ex-parte reexamination before the U.S. Patent & Trademark Office, has prepared and signed Freedom to Operate, Noninfringement and validity opinion letters and has drafted and prosecuted patent applications in the biomedical, mechanical and electrical arts, and negotiated and drafted license agreements.
Representative Experience
- Served as trial counsel and lead appellate counsel for WBIP in WBIP, LLC v. Kohler Co., a patent infringement case involving marine generators. Secured judgment of willful infringement and damages exceeding $8M, which was affirmed on appeal. Successfully defended concurrent reexamination of the patents-in-suit before the patent office.
- Represented Lenovo in Intellectual Ventures v. Lenovo, a case involving server technology. Secured summary judgment of noninfringement and successfully defended appeal.
- Served as counsel for Archer Daniels Midland Co. in patent infringement case in Northern District of New York involving deicers. Drafted successful summary judgment motion for noninfringement of certain claims, and jury returned noninfringement verdict on remaining claims.
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- Represented Tyco Healthcare in trial involving safety needles.
- Represented Dako Denmark A/S in patent infringement case and related arbitration involving p63 antibodies.
- Represented North Carolina company in trial involving carpet dyeing machinery.
- Represented Ocean Spray in cases involving sweetened-dried cranberry manufacture.
Education
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J.D., University of Virginia School of Law, 1997
Order of the CoifB.A., Astronomy and Astrophysics, Harvard College, 1993
cum laude in General Studies
Admissions
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Virginia
Massachusetts
U.S. Patent and Trademark Office
Courts
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U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of Massachusetts