David J. Ball, Jr.

A partner in the Litigation Department, David J. Ball, Jr. focuses on patent infringement, trade secret misappropriation, antitrust and related tort and contract litigation.

Experience

Dave has substantial litigation experience across a broad range of technology industries. He represents or has represented many leading companies, including 2K Games, Advanced Semiconductor Engineering, Amkor, Biogen, Cisco, Cutera, Fiserv, Garmin, General Electric (including litigations for GE Energy and GE Healthcare), Intel, Lexar, Life Technologies, Micron, Monsanto, NetApp, OSRAM, Rockstar Games, SAP, Seiko Epson, SICPA, Siemens, STATS ChipPAC, Take-Two Interactive, TCL Communications Technologies, Weight Watchers and Yahoo. He is also active in pro bono work.

Dave's representations that have gone through trial include:

• a Japanese manufacturing and electronics company in a December 2013 AAA arbitration of a patent license agreement which resulted in a favorable decision confirming the Company's interpretation of the scope of the patent license.
• OSRAM in a July 2012 trial of a patent infringement litigation against Samsung and LG before the US International Trade Commission, related to LED technology, which resulted in settlement on confidential terms.
• 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 Randall R. Rader on the Federal Circuit.

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

In 2014, Dave was recognized by IAM Patent 1000 and Legal 500 for his work in intellectual property. Dave was described as an "upper-echelon lawyer" who is "easy to talk with, he doesn't throw techno-babble at you and gives a lot of personal attention to matters."

Practices

• Litigation
• IP Litigation: Patent & Other Scientific
  

Education

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

Clerkship

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

Bar Admissions

• District of Columbia
• New York
• Texas

 See Library Tab for articles, publications and presentations by David Ball