David Ball focuses on intellectual property litigation (patent, trademark, trade secret, copyright and IP theft), as well as license drafting, IP royalty audits and related disputes. He has experience litigating both offensive and defensive patent infringement matters across a wide range of technologies in federal district courts and before the International Trade Commission, as well as assisting clients with contentious licensing disputes. David utilizes his litigation background to draft IP agreements, patent licenses and joint collaboration arrangements involving the transfer and development of intellectual property rights. He also assists clients in conducting and complying with royalty audits.
David’s understanding of complex products and financial analysis from intellectual property disputes and contracting also translates into his representation of debtors and creditors in bankruptcy litigation, both as it relates to intellectual property assets and claims and beyond. He is routinely called upon to quickly understand different industries and the economics of client’s businesses to work with financial advisors and expert witnesses. David has experience in Chapter 11, Chapter 15 and Chapter 9 bankruptcy matters, and has litigated numerous Chapter 11 matters – most recently ENXP, Optim Energy and Ahern Rentals – before the bankruptcy courts and federal appeals courts.
Prior to joining Bracewell, David served as a clerk in the Southern District of New York for the Honorable William C. Conner and on the Tenth Circuit Court of Appeals for the Honorable Monroe G. McKay.
Recent Notable Matters
Big Fish Games, Inc. — defense in patent infringement action involving eight patents, successfully invalidating all but one patent at the motion to dismiss stage
Toshiba Tec Corporation — asserting nine patents in infringement action against competitor related to toner cartridges
Valve Corp., HTC Corp. and HTC — defense in trademark litigation concerning virtual reality headset device
Toshiba Corp. and its subsidiaries — defense in an International Trade Commission patent infringement investigation concerning digital signal processing
Major European electronics manufacturer — disputes and audits arising out of its licensing of various technologies
B.E. Meyers & Co., Inc. — sued licensee of in breach of license agreement action to obtain right to perform audit and conducted the audit
International Trademark Association — authored Fourth Circuit amicus brief in Shammas v. Focarino concerning fees charged to trademark applicants
International Trademark Association — authored Supreme Court amicus brief in Hana Financial, Inc. v. Hana Bank on behalf of successful respondent
Multinational bank — obtained dismissal and affirmance on appeal before Eighth Circuit of class actions concerning mortgage practices
Creditor — successfully represented the client in bankruptcy litigation and appeals before 11th Circuit and Nevada Supreme Court arising out of collapse of billion-dollar casino construction project
Major retailer — internet taxation appeal before the New York Court of Appeals
Publications and Speeches
“Best Practices to Establish and Maintain a Proactive Royalty Compliance Program,” Association of University Technology Managers (AUTM), September 30, 2016.
“Patent Damage Pitfalls Await the Unprepared,” IP Magazine, September 2016.
“Trademark Tacking And What It Means For Your Brands,” World Trademark Review, August/September 2015.
“Brand Owners Can Make Trademark Tacking Stick,” Law 360, January 26, 2015.
“Reading the Tea Leaves on Cybersecurity Regulation," American Banker, November 26, 2014.
“IP Owners Beware: The Third Industrial Revolution is Upon Us” LawyerMade, September 2014.
“Expedited Procedures in New York Courts Guarantee Trial in Just Nine Months” Transaction Advisors, August 2014.
“Software patents survive Supreme Court's Alice decision, but questions linger” Westlaw Journal Computer and Internet, Vol. 32, Issue 3, July 2014.
“Delaware Court Clarifies Director and Officer Liability in M&A Transactions,” Transaction Advisors, July 2014.