Washington, DC

Phone 202-223-7352
Fax 202-204-7352
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Related Practices

Intellectual Property
Litigation

Education

  • J.D., University of Texas School of Law, 1992
    with honors
  • M.S., University of Texas, 1988
  • B.S.E, University of Alabama, 1985
    with honors

Bar Admissions

  • District of Columbia
  • New York
  • Texas

Courts

  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, District of Columbia
  • U.S. District Court, Southern District of Texas

Clerkship

  • Hon. Randall R. Rader, U.S. Court of Appeals, Federal Circuit
 
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Lawyers: Biography

David J. Ball Jr.
Partner
A partner in the Litigation Department, David J. Ball, Jr. focuses on intellectual property litigation, representing clients in patent infringement, trade secret misappropriation, and related tort and contract claims.

Dave has substantial intellectual property litigation experience across a broad range of industries. He represents or has represented many leading companies, including Advanced Semiconductor Engineering, Amkor, Cisco, Cutera, Garmin, General Electric (including litigations for GE Energy and GE Healthcare), Intel, Lexar, Micron, Monsanto, NetApp, SAP, SICPA, STATS ChipPAC, Weight Watchers and Yahoo!. He is also active in pro bono work.

Dave’s intellectual property representations that have gone through trial include:
  • General Electric in obtaining a jury verdict of $170 million in Spring 2012, in a patent infringement litigation against Mitsubishi Heavy Industries and Mitsubishi Power Systems Americas in the Northern District of Texas, related to wind turbine technology.
  • Garmin in the successful defense in Fall 2011 of a patent litigation brought by Triangle Software in the Eastern District of Virginia alleging that Garmin’s portable navigation devices infringed five patents on traffic information technology. The products at issue included some of Garmin’s most popular devices and the plaintiff alleged that the total amount of infringing sales was nearly $3 billion.
  • Cisco Systems in achieving a complete defense jury verdict of non-infringement and invalidity, and defeating a multi-billion dollar damages claim, in a patent litigation brought by StorageTek in the Northern District of California related to computer networking technology.
  • Lexar Media in obtaining a jury verdict of $465 million in a trade secret/fiduciary duty litigation against Toshiba, in California Superior Court for Santa Clara County, related to flash memory technology. The state court verdict led to a settlement in Lexar’s favor of all litigation, including patent claims asserted by each party, for $288 million.
  • Amkor in an arbitration of a patent license agreement brought by Tessera before the International Chamber of Commerce, in which the arbitral tribunal held that most of the semiconductor chip packages accused by Tessera were not subject to the patent royalty provisions of the license agreement and awarded only a fraction of the damages Tessera had sought.

Dave is registered to practice before the US Patent and Trademark Office.

Dave was an Assistant United States Attorney in the Civil Division for the District of Columbia from 1999-2003, where he tried five cases and argued two appeals to the D.C. Circuit. Dave was lead government counsel in successfully defending the District of Columbia's "Megan's Law" sexual offender registry from constitutional attack.

From 1996-98, Dave served as an Associate Solicitor of the US Patent and Trademark Office, where he argued five times before the US Court of Appeals for the Federal Circuit, the court with exclusive jurisdiction over patent appeals.

In 1994-95, Dave clerked for Judge (now Chief Judge) Randall R. Rader on the Federal Circuit.

Dave was trained as an electrical engineer before going to law school.