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David D. Headrick


David Headrick practices in all areas of intellectual property law, with an emphasis on intellectual property litigation and contested Patent Office proceedings. His practice also includes client counseling, intellectual property licensing, clearance opinions, intellectual property due diligence, and patent and trademark procurement.

In litigation, David has extensive experience in all aspects of complicated discovery, working with technical experts, writing and arguing case dispositive motions, conducting multi-week trials and arbitrations, and conducting patent claim construction hearings. Over the last 10 years, David has been significantly involved in many major patent infringement lawsuits, some involving more than $2 billion in accused products. Not all of those cases necessarily went to trial; in many instances, David crafted strategies that ensured his clients prevailed without the expense and burden of trial.

Along with Tim Malloy, founding partner of the firm, David secured a $166 million victory for one of the firm’s clients. He also managed the defense of one of the firm’s largest clients when a competitor sought an emergency injunction against the client’s highest revenue generating product and $1.2 billion in damages. The injunction was denied and the Federal Circuit affirmed the district court’s rulings granting summary judgment of non-infringement and invalidity, finding the case “exceptional,” such that an award of $5 million in attorney’s fees was warranted. For years this case stood as one of the few where a federal court found a patentee’s litigation conduct “exceptional” (thereby justifying substantial attorney’s fees) without also finding that the patentee committed inequitable conduct in the U.S. Patent Office.

David also has extensive experience working in contested proceedings in the U.S. Patent Office and foreign patent jurisdictions (where he works closely with foreign counsel to defend clients’ world-wide intellectual property interests).

In transactional work, David has managed many licensing and due diligence matters. He has advised multiple clients on intellectual property acquisition and divestiture deals valued in the hundreds of millions of dollars.

David’s experience encompasses a broad spectrum of technologies such as coronary angioplasty catheters, coronary stent systems, cardiac defibrillators / pacemakers, allograft surgical implants, bone cleaning and processing technology, mesenchymal stem cells, WiFi and video encoding technology, digital electronics, and needleless injection sites.

Representative Experience

  • Olivistar, LLC v. VTech Electronics NA, LLC, No. 2:14-cv-621 (E.D. Tex. 2014) (patent infringement case; favorable settlement).
  • Osteotech, Inc. v. RTI Biologics, Inc., No. C-06-4249 (D. N.J. 2006-09) (patent infringement case; summary judgment barring six years of alleged pre-suit damages; favorable settlement).
  • ICU Medical, Inc. v. ALARIS Medical Systems, Inc., No. 2008-1077 (Fed. Cir. 2009) (appeal of patent infringement case; summary judgment of non-infringement and invalidity affirmed; award of five-million dollars in fees and sanctions affirmed).
  • ICU Medical, Inc. v. ALARIS Medical Systems, Inc., No. SA CV 04-0689 MRP (VBKx) (C.D. Cal. 2004-07) (patent infringement case involving over $2B in accused products; TRO/PI ruling in client’s favor; claim construction ruling in client’s favor; summary judgment of non-infringement; summary judgment of invalidity; $5M in fees and sanctions awarded).
  • Medtronic, Inc. v. Guidant, Inc., No. 00-1473 (MJD/JGL) (D. Minn. 2000-03) (patent infringement case; claim construction ruling in client’s favor; favorable settlement).
  • Advanced Cardiovascular Systems, Inc. v. Medtronic AVE, Inc., No. 99-5393 (N.D. Cal. 1999-2002) (patent infringement arbitration; client awarded $166M and permanent injunction).


  • Looking In Unexpected Places for IP Opportunities, Corporate Counsel (October 2, 2013) View File


  • Invited Speaker, "Fair, Reasonable, and Non-Discriminatory Licensing," Managing Intellectual Property Global IP & Innovation Summit, Shanghai, China, September 3-4, 2014.

Areas of Practice


Bar Admissions / Registrations

  • U.S. District Court for the Northern District of Illinois
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Patent and Trademark Office


  • University of Minnesota, J.D., magna cum laude, Editor of the University of Minnesota Law Review
  • Marquette University, B.S.E.E., 1989