David D. Headrick Shareholder
David Headrick is a Shareholder at McAndrews who 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.
David has tried and litigated numerous cases, handling all aspects of complex discovery, working with technical experts, writing and arguing dispositive motions, conducting multi-week trials and arbitrations, and conducting patent claim construction hearings. David has been significantly involved in many patent infringement lawsuits, some involving more than $2 billion in accused products. In many situations, David devised 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 firm client. He also managed the defense of another large client 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,” and awarding $5 million in attorney’s fees. For years this case stood as one of the few in which 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 with contested proceedings in the U.S. Patent Office and foreign patent jurisdictions (where he works closely with foreign counsel to defend clients’ global intellectual property interests).
In transactional work, David has advised numerous clients on intellectual property acquisition, divestiture, and licensing deals valued in the hundreds of millions of dollars.
David’s experience encompasses a broad spectrum of technologies, including medical devices, coronary angioplasty catheters, coronary stent systems, cardiac defibrillators/pacemakers, allograft surgical implants, bone cleaning and processing technology, mesenchymal stem cells, Wi-Fi and video encoding technology, digital electronics, software and operating systems, and needleless injection sites.