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David’s second career, as an intellectual properly lawyer, follows a career in professional baseball that spanned five seasons. His journey as a minor-league catcher and coach in the Seattle Mariners, Oakland A’s, and Texas Rangers organizations has been chronicled by multiple publications, including Baylor Law School’s Rocket Docket, which described his adventure as a member of New Zealand’s 2012 World Baseball Classic team. At age 39, after a 12-year hiatus from competitive baseball, David traveled to New Zealand, Australia, and Taiwan for training camp, exhibition games, and, ultimately, the WBC Qualifying Tournament – where New Zealand fell to Taiwan in the Championship game.
David’s passion to compete and win has translated well into his legal pursuits. Since 2003, David has enjoyed litigating complex cases across multiple fields, including intellectual property, business, oil and gas, sports and entertainment, and consumer-related matters.
David has successfully tried cases in both state and federal court -- in Texas and outside of Texas. Since 2007, he has focused the vast majority of his time and efforts representing plaintiffs in high-stakes patent litigation. He was elected by his fellow IP lawyers to serve as Chair of the Tarrant County Bar Association’s Intellectual Property Section from 2009 to 2010.
David has been accorded the highest Peer Review Rating™ by Martindale-Hubbell®: AV Preeminent®.
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Practice Areas
11 years
11 years
11 years
11 years
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Chat withState: Texas
Acquired: 2003
No misconduct found
301 Commerce Street, Suite 3500, Fort Worth, TX, 76102
7 Client Reviews
Showing 6 - 7 of 7 reviews
Posted by Greg | March 17, 2015
Maturity & Guidance
Personally I have found, all to often, people will say exactly what you want to hear. Often those words are forgotten by both parties. Working with David was more then just an eye opener for me. It was a relief off my shoulders. Not only did he ask me all the right questions, he looked even further, ...
Posted by Lisa | March 17, 2015
David S.
David was wonderful to work with both as a professional and as a human being. He put in the long night hours and got the job done well. I would happily work with him again any time.
"I endorse this lawyer. David, is a very talented trial lawyer and a well- known patent litigator with superb skills. He also has the highest integrity and is a true gentleman and consummate advocate."
"David combines exceptional practical skills, deep mastery of intellectual property law, and creativity to bear in every matter, big or small. I have had the good fortune to work with him and witness firsthand how he raises the entire team's A game."
"I endorse this lawyer. Very good trial lawyer. Excellent analysis and presentation. A "detail" lawyer. Also, a team player and one you want on your team."
"I endorse this lawyer. David has incredible mastery of the facts of even the most complicated case, and a nuanced grasp of the law. Add to that his exceptional writing and organizational skills, and David is an attorney that any client should be glad to retain."
Litigation lawyer
Intellectual property lawyer
Patent infringement lawyer
Commercial real estate lawyer
Patent infringement lawyer
2017
AV Preeminent® Rated, Martindale-Hubbell®
2015
Named a Texas Super Lawyer, following vote by peers, Thomson Reuters
2014
Included on list of "Top Attorneys", Fort Worth, Texas Magazine
2014
Named a Texas Super Lawyer, following vote by peers, Thomson Reuters
2013
Named a Super Lawyer–Rising Star, following vote by peers, Thomson Reuters
2012
Named a Super Lawyer–Rising Star, following vote by peers, Thomson Reuters
2011
Named a Super Lawyer–Rising Star, following vote by peers, Thomson Reuters
2009
Named a Super Lawyer–Rising Star, following vote by peers, Thomson Reuters
2008
Named a Super Lawyer–Rising Star, following vote by peers, Thomson Reuters
2007
Named a Super Lawyer–Rising Star, following vote by peers, Thomson Reuters
2006
Named a Super Lawyer–Rising Star, following vote by peers, Thomson Reuters
2016 - Present
Member, Whitaker Chalk Swindle & Schwartz PLLC
2007 - 2015
Practicing Shareholder, Friedman, Suder & Cooke, PC
2003 - 2007
Associate, Whitaker Chalk Swindle & Sawyer, LLP
1999 - 1999
Minor league hitting and catching instructor, Texas Rangers Baseball Club
1998 - 1999
Minor league catcher, Oakland Athletics Baseball Club
1996 - 1998
Minor league catcher, Seattle Mariners Baseball Club
2019 - Present
Federalist SocietyTreasurer, Fort Worth Lawyers Chapter
2003 - Present
State Bar of TexasMember
2003 - Present
Tarrant County Bar AssociationMember
Member
2017 - 2019
Eldon B. Mahon American Inn of CourtBarrister
After 5-day jury trial, Court entered Final Judgment in favor of Plaintiffs and against Defendants.
After successful presentation at oral argument, Ubisoft's Alice motion was denied.
After successful presentation at oral argument, EA's Alice motion was denied.
Case settled shortly after motion to transfer venue was denied.
Court denied Apple's motion (Dkt. No. 494). Case proceeded after Apple's discovery efforts failed.
Served as defense counsel in 3-wk jury trial. Plaintiff sought $40M+ in damages, plus attorney’s fees and injunction. Helped secure total defense victory: $0. All claims dismissed with prejudice; all requested relief denied; affirmed on appeal.
Helped secure transfer from the Northern District of Texas to the Western District of Texas.
Plaintiff settled with Marvell before Markman hearing; Plaintiff settled with Qualcomm after Markman ruling.
Case settled before trial but after plaintiff defeated defendant's motion to dismiss and motion to stay.
Case settled before trial but after defendant's Motion to Transfer Venue was defeated.
After 7-0 jury verdict, district court entered $4.6M+ judgment against defendant ULT. Judgment affirmed by Federal Circuit Court of Appeals (790 F.3d 1329) after victory at U.S. Supreme Court (135 S. Ct. 1173). Judgment paid in full on 03.25.16.
Trial court granted Defendant XTO's Motion for Summary Judgment. Judgment was affirmed on appeal by the Fort Worth Court of Appeals.
Confidential settlement reached shortly before trial.
District court granted summary judgment in favor of defendant Northwest Airlines, holding that plaintiff's state law claims were preempted by the Airline Deregulation Act. Judgment in favor of defendant/appellee Northwest Airlines was affirmed on appeal.
After 2-week jury trial in NJ state court (Docket No. MER-L-001211-06), jury voted 8-0 to award plaintiffs entire amount of damages requested; parties reached post-trial settlement agreement.
Jury awarded to plaintiff $1.37 million -- more than plaintiff requested. (Note: defendant filed for bankruptcy after trial; plaintiff recovered only a fraction of final judgment).
2003
Doctor of Jurisprudence/Juris Doctor (J.D.)
1995
Bachelor's
2019
How to Secure Injunctive Relief in Patent Cases
2018
Baseball & the Supreme Court: Indispensable & Inseparable Institutions
2014
2014
Impact of Recent Cases and the America Invents Act on Patent Litigation Practice
2013
2009
A Day in the Life of an IP Lawyer
2019
2009
2003
English