David D. Headrick Shareholder
312.775.8000
David Headrick is a Shareholder at McAndrews with deep experience in both intellectual property litigation and advising clients on strategic intellectual property matters. David has tried and litigated many cases, some involving more than $2 billion in accused products. He is recognized by IAM Patent 1000 and according to IAM’s sources, “There’s nobody better to have by your side in strategic negotiations, critical conflict resolution or bet-the-company litigation than David.”
David’s practice also includes client counseling, intellectual property licensing, clearance opinions, intellectual property due diligence, and patent and trademark procurement.
Examples of David’s work include:
- Defending a large client when a competitor sought an emergency injunction against the client’s highest revenue-generating product and $1.2 billion in damages. The court denied the injunction, granted summary judgment, found the case “exceptional,” and awarded the client $5 million in attorney’s fees.
- Securing a $166 million victory for a large client. For a number of years, this case ranked in the top ten of all patent infringement awards in the U.S.
- Advising a medical device client in its $130 million acquisition of a company specializing in metal and synthetic products in the orthopedics, biologics, spine, trauma, and cardiothoracic markets.
- Guiding a consumer electronics client through the IP issues involved in its $72 million acquisition of a well-known electronic toy manufacturer.
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.
EDUCATION
- University of Minnesota, J.D., magna cum laude, Editor of the University of Minnesota Law Review
- Marquette University, B.S., Electrical & Computer Engineering, 1989, cum laude
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
Education
- University of Minnesota, J.D., magna cum laude, Editor of the University of Minnesota Law Review
- Marquette University, B.S., Electrical & Computer Engineering, 1989, cum laude
Practices
- IP Transactions
- IP Litigation
- Post-Grant Practice
- Trademarks & Copyrights
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
Industries
- Computer & Electronics Technology
- Industrial & Mechanical
- Medical Devices
- Life Sciences
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).
Publications
- Looking In Unexpected Places for IP Opportunities, Corporate Counsel (October 2, 2013)
Presentations
- Invited Speaker, “Fair, Reasonable, and Non-Discriminatory Licensing,” Managing Intellectual Property Global IP & Innovation Summit, Shanghai, China, September 3-4, 2014.
Professional & Community Involvement
- Member, AIPLA
- Member, IPO
- Member, Federal Circuit Bar Association
Honors & Awards
- IAM 1000: The World’s Leading Patent Practitioners
- 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)
- Invited Speaker, “Fair, Reasonable, and Non-Discriminatory Licensing,” Managing Intellectual Property Global IP & Innovation Summit, Shanghai, China, September 3-4, 2014.
- Member, AIPLA
- Member, IPO
- Member, Federal Circuit Bar Association
- IAM 1000: The World’s Leading Patent Practitioners
|