David J. Levy

David’s intellectual property practice includes handling patent cases, trademark disputes, Section 337 actions, and trade secret theft matters across the United States. He has a particularly strong track record of defending clients against nonpracticing entities in patent litigation matters involving a wide variety of hardware, software, wireless, and ecommerce technologies.

David litigates, tries, and arbitrates complex domestic and international business disputes involving oil and gas, fiduciary duty, mergers and acquisitions (M&A) issues, securities issues, and other contractual issues. He also defends companies against class action claims.

David is a frequent speaker and author on litigation, arbitration, and intellectual property (IP) topics. He is a former editor in chief of The Houston Lawyer magazine and the editor of the book International Litigation—Defending and Suing Foreign Parties in U.S. Federal Courts. David has written articles for professional journals such as The Advocate, The Corporate Counselor, Getting the Deal Through, The Houston Lawyer, Intellectual Property Litigation, International Litigation News, Law360, National Law Journal, Texas Lawyer, and Texas Transnational Law Quarterly.

David has been recognized by his clients and peers in guides that include The Best Lawyers in America, Chambers USA: America’s Leading Lawyers for Business, Managing IP (New York and Texas), and IAM Patent 1000. In Chambers USA, a client reported that David “has very good judgment, works cases efficiently and knows our business.” In 2018, Chambers USA reported that David is "very attentive and works very hard to understand us as a client. He is very even-keeled and brings a calming influence to negotiations in litigation matters.” In 2017, Chambers USA reported that David “comes recommended for his knowledgeable IP practice, which includes representing major technology companies in patent disputes. Market commentators confirm that he is a popular choice among clients.” In addition, IAM recognized David as “a powerful weapon in the firm’s arsenal; he is flawless in international litigation – a subject on which he is a published thought leader – and has represented a number of prominent East Asian clients.”

David was also selected for inclusion in the Litigation Counsel of America (a trial lawyer honorary society), the BTI Client Service All-Star Team, and the Houston International Arbitration Club. The Houston litigation group he leads was recognized by The Texas Lawyer as a 2014 finalist for Texas Litigation Department of the Year (Large Firm), and by The American Lawyer as a 2018 finalist for Texas Litigation Department of the Year.

Complex Commercial Cases

ENERGY AND MANUFACTURING INDUSTRIES

• Represented as lead counsel an international oil and gas drill bit company in a dispute with one of its suppliers over force majeure clauses; case dismissed without a lawsuit having to be filed
• Defended as lead counsel an international manufacturer of drill bits in a Dallas County, Texas, lawsuit arising out of breach of contract, fraud, and conspiracy claims by sales agent in Mexico against the company and other owners of the Mexican sales agency; the trial court dismissed the plaintiffs’ case on the basis of forum non conveniens and forum selection provisions in the relevant contracts and corporate documents, and held that Mexico was the appropriate forum for any lawsuit; the plaintiffs appealed to the Dallas Court of Appeals, but dismissed the appeal when the court denied plaintiffs’ motion to abate the appeal and remand for findings of fact and conclusions of law
• Defended as lead counsel the trustee of a publicly traded royalty trust in an arbitration brought by a unitholder on behalf of herself and other unitholders, alleging that the trustee had breached its fiduciary duties; the arbitration panel dismissed the claims so the unitholder refiled her claims in Dallas County state court; the trial court denied the trustee’s special exceptions and pleas to the jurisdiction, but the Dallas Court of Appeals reversed the judge’s decision and, in a case of first impression, ordered the derivative claims to be dismissed; the unitholder did not re-plead, so all claims against the client were dismissed with prejudice
• Represented as lead counsel the Nigerian subsidiary of a multinational oil company in a lawsuit in the Houston Division of the Southern District of Texas arising out of a dispute with a subcontractor
• Represented as co-counsel an industrial pipe company in a declaratory judgment action in federal court in Charleston, South Carolina, over the terms of an option in a shareholder’s agreement; the pipe company’s interpretation of the agreement prevailed at trial
• Represented as co-counsel a Japanese-owned chemical manufacturing company in a Harris County, Texas, lawsuit against a German-based company arising out of the sale of defective catalysts
• Represented as co-counsel a large multinational oil company’s subsidiary in Chad in an International Chamber of Commerce (ICC) arbitration in New York arising out of a catering and maintenance agreement with a UK-based multinational company; the oil company prevailed at arbitration and the award was confirmed in the Southern District of New York and affirmed on appeal by the Second Circuit
• Represented as co-counsel a US offshore construction company in an International Centre for Dispute Resolution (ICDR) international arbitration against its Mexican joint venture
• Defended as co-counsel an engineering firm and its principal in a Harris County, Texas, lawsuit against allegations by a consulting firm for a “finder’s fee” relating to the purchase of a petrochemical plant; the defendants prevailed at trial and the court rendered a take-nothing verdict against the plaintiff; the ruling was affirmed on appeal
• Represented as co-counsel an Alabama-based energy company in a lawsuit in Harris County, Texas, arising out of a dispute over the ownership and royalty payments on coal-bed methane gas

FINANCIAL SERVICES AND TECHNOLOGY INDUSTRIES

• Represented as lead counsel a credit card processing company and bank in a lawsuit in federal court in Houston and then in an American Arbitration Association (AAA) arbitration arising out of a claim by the vendor in excess of $100 million; after the claimant withdrew its request for emergency relief, the claimant dismissed its claim and the arbitrator awarded fees and costs against the claimant
• Represented as co-lead counsel a credit card processing company and bank in a breach of contract case against a nationwide restaurant/hospitality company in the Southern District of Texas arising out of Visa/Mastercard assessments for a data breach at the restaurant/hospitality company; the trial court granted summary judgment in favor of our client; affirmed on appeal by the Fifth Circuit, with more than $20 million in damages awarded   
• Defended as co-counsel a major technology company against claims brought by former members of a consortium that bid to provide services to the Dallas Independent School District; payments were suspended when other consortium members were investigated for allegedly violating the program’s bidding rules; the plaintiff consortium members sued six years later, and the Dallas court granted summary judgment because the claims were barred by the statutes of limitations; the Dallas Court of Appeals subsequently affirmed summary judgment, dismissing all claims of fraud, breach of fiduciary duty, negligence, tortious interference, and civil conspiracy, and the Texas Supreme Court then denied plaintiff's petition for review
• Defended as co-counsel a national electronic mortgage registration system provider in a putative class action suit (seeking billions of dollars) brought by several Texas counties in the Dallas Division of the Northern District of Texas; the judge denied class certification and subsequently dismissed all causes of action under Rule 12(b)(6) or on summary judgment, with these rulings affirmed on appeal by the Fifth Circuit; thereafter, Bexar County dismissed a similar suit pending in the Western District of Texas
• Defended as lead counsel a financial services company in a multi-plaintiff suit in Dallas County, Texas, arising out of the sales of variable annuities; the case settled favorably before trial
• Represented a commercial real estate valuation services company in resolving software 
  licensing disputes without resorting to litigation 
• Represented as lead counsel a large mortgage servicing company in a breach of contract action in the Southern District of Texas arising out of mortgage defaults; the trial court granted summary judgment in favor of the mortgage company’s multimillion-dollar claim

MEDICAL DEVICE INDUSTRY

• Defended as co-lead counsel a medical device manufacturer in a False Claims Act (FCA)/Anti-Kickback Statute case in the Southern District of Texas with hundreds of millions of dollars in penalties at issue; the relator dismissed the case without any payment by our client shortly before trial

Consumer Class Action Cases

• Defended as lead counsel an insurance company in a nationwide class action case in the Eastern District of Texas arising out of the alleged miscalculation of withdrawal charges in annuities; the case settled favorably after a successful appeal to the Fifth Circuit
• Defended as co-lead counsel a major technology company in a putative class action lawsuit in the Northern District of California relating to the company’s warranty repair policies; the court dismissed the customer’s claims with prejudice in response to a Rule 12(b)(6) motion
• Defended a nationwide drugstore as lead counsel in a putative class action case in Harris County, Texas arising out of its photo-processing charges; the plaintiff dismissed the case after minimal discovery and before the class certification hearing
• Defended as lead counsel a major casino company in a putative class action case in Texas arising out of disputed energy “surcharges”; the plaintiff’s individual case was favorably resolved prior to a class certification hearing
• Represented as co-lead counsel a Japanese computer company and its US subsidiaries in a multibillion-dollar nationwide class action lawsuit in federal court in Beaumont, Texas arising out of allegedly defective floppy disk drives; a nationwide settlement class was approved and settlements were also reached with federal and state governments

Environmental Litigation

• Represented a California-based gas company in multiple lawsuits filed in California arising out of an extended gas leak in Southern California
• Represented as co-counsel a large paper manufacturer in a multibillion-dollar environmental dispute against Harris County and the State of Texas in Harris County, Texas; the jury returned a take-nothing verdict in favor of the paper company and the Houston court of appeals affirmed

Intellectual Property Cases – Patents, Trademarks, and Copyrights

PATENTS

• Represented as co-lead counsel a global technology company in a series of alleged patent infringement cases relating to video compression standards that the plaintiff filed with the International Trade Commission and in the District of Delaware; the plaintiff also filed related cases in Germany, the European Unified Patent Court, and Brazil; after two trials in the International Trade Commission (ITC), the parties entered into a confidential global licensing agreement that resolved all lawsuits 
• Represented as co-lead counsel a major oil and gas exploration company in two patent infringement lawsuits in the Southern District of Texas and multiple inter partes reviews in the Patent Trial and Appeal Board (PTAB) relating to the company’s seismic acquisition technologies; the case settled favorably when the company sold its seismic acquisition business
• Represented as lead counsel a Formula One racing car manufacturer and one of its celebrity drivers in an alleged patent infringement lawsuit in the Waco Division of the Western District of Texas involving safety devices in F1 cars; the Court dismissed all claims against David’s clients early in the case based on a novel application of the “customer-suit exception” in patent cases
• Represented as co-lead counsel a global technology company in an alleged patent infringement case in the Northern District of Illinois involving database technology; after obtaining summary judgment of invalidity based on indefiniteness for some claims and unpatentability for others, the plaintiff appealed and the Court of Appeals for the Federal Circuit affirmed on indefiniteness but remanded on unpatentability; the United States Supreme Court denied certiorari, but the trial court granted summary judgment on indefiniteness on the remaining claims after the case was remanded
• Represented as co-lead counsel a global printing technology company in a lawsuit in the Eastern District of Pennsylvania involving fax machine and all-in-one printer technologies; the claims were ultimately found invalid because of indefiniteness, so the trial court dismissed the lawsuit with prejudice
• Represented a global printing technology company in a series of alleged patent infringement lawsuits in the Waco Division of the Western District of Texas involving various printer technologies; the cases were all favorably resolved
• Represented as co-lead counsel a global printing technology company in a multijurisdictional patent dispute involving printer, ink cartridge, and printbar technologies; patent infringement claims and counterclaims were filed in the Southern District of California, the District of Oregon, the International Trade Commission, Germany, the United Kingdom, and Ireland; the cases were favorably resolved after less than a year of active litigation
• Defended as lead or co-lead counsel one of the world’s largest technology companies in dozens of alleged patent infringement cases since 2004 in the Tyler, Sherman, and Marshall Divisions of the Eastern District of Texas involving wireless technologies, computer hard drives, computer graphics chips, computer architecture, and printer networks; two of these cases went to trial, and David’s client was dismissed in each instance without having to pay any money
• Represented one of the world’s largest technology companies in an alleged patent infringement case in the Eastern District of Pennsylvania that involved fax communication technologies in multifunction printers; after a related case in Delaware was dismissed because the judge found the claims in the same patents-in-suit indefinite, the Pennsylvania case was stayed pending an appeal of the Delaware case
• Defended as co-lead counsel a large technology company and a computer network products company in an alleged patent infringement case originally filed in Alabama involving wireless technology; the defendants successfully transferred the case to the Northern District of California and after claim construction, the plaintiff stipulated to noninfringement and appealed to the US Court of Appeals for the Federal Circuit, which affirmed the trial court's rulings in favor of the defendants
• Defended as co-counsel an electronic equity options market in an alleged patent infringement case transferred from the Eastern District of Texas to the Southern District of New York; our client settled the case favorably after the defendants filed motions for summary judgment
• Represented as co-counsel a computer technology company in an ITC investigation involving wireless technology; the case was dismissed after exchange of expert reports
• Represented as co-lead counsel a major technology company in a declaratory judgment action in the Northern District of California and related alleged patent infringement cases in the Eastern District of Texas involving wireless technology; settled favorably after jury selection in Marshall, Texas
• Defended as co-lead counsel a major retailer in an alleged patent infringement case in the Eastern District of Texas that involved ecommerce technologies; our client settled the case favorably after jury selection; tried case to jury verdict for co-defendants; the Federal Circuit held that the patents were invalid
• Defended as co-lead counsel Japanese and Korean technology companies in various alleged patent infringement cases in the Eastern District of Texas involving computer technologies
• Defended as lead counsel a large digital storage company in an alleged patent infringement case in the Marshall Division of the Eastern District of Texas
• Defended as lead counsel a major technology company in an alleged patent infringement case in the Western District of Wisconsin involving computer docking station technology
• Defended as lead counsel an internet technology company in an alleged patent infringement case in the Southern District of Texas involving streaming video technology; after prevailing on a motion to stay the case pending reexamination of the patents-in-suit, the case was favorably resolved during reexamination

TRADEMARKS

• Represented as co-counsel a Japanese automobile company in several trademark infringement cases
• Defended as lead counsel a reseller of circuit breakers in an alleged trademark infringement case
• Defended as lead counsel a reseller of mobile phone batteries in an alleged trademark infringement case

COPYRIGHTS

• Defended as co-lead counsel an oil and gas investment fund in a Southern District of Texas copyright infringement case with hundreds of millions of dollars in penalties at issue; the case settled favorably before trial 

Personal Injury Cases

• Defended a hydroblasting company in multiple lawsuits filed by dozens of plaintiffs in Harris County, Texas, arising out of a fire at a petrochemical plant in Louisiana; the cases all settled favorably (and within insurance limits) before trial
• Defended as co-lead counsel a Guatemalan air transportation company in a personal injury lawsuit in Travis County, Texas arising out of a helicopter accident in Guatemala
• Defended as co-lead counsel the parent company of a multinational oil company in personal injury and wrongful death lawsuits in Texas arising out of a helicopter crash in the North Sea
• Represented as co-lead counsel the Mexican air traffic control agency in the US District Court for the Southern District of Texas, McAllen Division, for allegedly causing the crash of an air cargo flight in Mexico that killed crew members and several people on the ground; claims against David's client were dismissed for lack of jurisdiction pursuant to the Foreign Sovereign Immunities Act (FSIA)

Securities Litigation Cases

• Represented as lead counsel an executive of a hedge fund manager and the hedge fund management company in an alleged fraud, breach of fiduciary duty, and misrepresentation case in Dallas County, Texas, relating to a multibillion-dollar Ponzi scheme; the court dismissed the executive for lack of personal jurisdiction and the corporate defendant settled favorably before trial
• Defended as lead counsel a regional bank in a securities case involving alleged unauthorized trading; the case was favorably settled after being compelled to National Association of Securities Dealers (NASD) arbitration
• Defended as co-counsel a broker-dealer in an NASD arbitration where claimants alleged they had been sold “unsuitable” securities; the arbitration panel rendered a take-nothing verdict against claimants
• Defended as lead counsel a large mutual fund company against a claim for unpaid fees/commissions by a former broker-dealer; after the case was compelled to arbitration, the NASD arbitration panel granted summary judgment on all claims in favor of the mutual fund company

Trade Secrets Cases 

• Defended as lead counsel a multinational insurance broker in a lawsuit in the Southern District of New York alleging theft of trade secrets under the Defend Trade Secrets Act (DTSA) as a result of the broker assembling a consortium of insurance companies to provide nonpayment insurance for the purchase of airplanes by non-US airlines; the case settled favorably shortly before trial
• Defended a Korean company in a lawsuit in the Southern District of Texas alleging theft of trade secrets under the Defend Trade Secrets Act (DTSA) and the Texas Uniform Trade Secrets Act (TUTSA); after we filed objections to personal jurisdiction and motions to dismiss, the plaintiff dismissed David’s client without any payment by David’s client
• Defended a New York–based recruiting firm as lead counsel in a lawsuit in Harris County, Texas, against allegations of breach of contract and misappropriation of trade secrets; the case settled favorably before trial
• Defended as lead counsel a US and Japanese manufacturer of control valves as lead counsel in an alleged theft of trade secrets case in Harris County, Texas; the case settled favorably shortly before trial
• Represented as lead counsel a pumping systems designer/manufacturer as lead counsel in a theft of trade secrets case in Dallas against former employees and a competitor; the case settled favorably shortly before trial