Most recently, David successfully represented OPEX Corporation against a competitor who knocked-off OPEX’s award-winning Sure Sort product line in ITC Investigation No. 337-TA-1293. David was responsible for developing the case from start to finish, and questioned OPEX’s infringement expert and crossed the Respondents’ technical expert and President/lead engineer at trial. The ITC’s Chief ALJ found that the Respondents infringed all asserted patents and the ITC issued a limited exclusion order and cease and desist orders. The Respondents appealed the case to the Federal Circuit, where David lead OPEX’s briefing and presented OPEX’s oral argument. The Federal Circuit affirmed all of the ITC’s rulings for OPEX.
David’s first chair experience also includes leading the respondents’ defense in ITC Investigation No. 337-TA-1140, examining his client’s lead engineer and cross-examining all of the complainant’s expert witnesses at trial. David secured an initial determination that all of the asserted patent claims were invalid as anticipated by a third party’s prior art product—a ruling that was affirmed by both the ITC and the Federal Circuit based on briefing that David also led.
David was also a key member of a multi-firm team that successfully defended the innovative Danish dental technology company 3Shape against three different ITC proceedings brought by Align Technology—Investigation Nos. 337-TA-1090, 1091, and 1144.
Based on these and various other positive results for his clients, David was named as a Washington, DC “Rising Star” by Super Lawyers in 2018, 2019, 2020, and 2021.
David also maintains an active pro bono practice, helping immigrants become lawful permanent residents of the United States and serving on the Washington, DC advisory committee of Kids in Need of Defense (KIND)—a U.S.-based nongovernmental organization devoted to the protection of unaccompanied and separated children. David is a member of KIND’s 2025 Northern Virginia Pro Bono Team of the Year.
David is also an Adjunct Professor at The George Washington University Law School, teaching Scholarly Writing to students enrolled in the American Intellectual Property Law Association (AIPLA) Quarterly Journal.
Before joining Desmarais LLP, David was a partner and associate in the Washington, DC office of Troutman Pepper Hamilton Sanders LLP and an associate in the Arlington, VA office of Davidson Berquist Jackson & Gowdey LLP. David’s education and industry background are in microbiology and protein biochemistry; before becoming an attorney, he worked in protein purification and pharmaceutical manufacturing with Human Genome Sciences and Bristol-Myers Squibb. While in graduate school at Georgetown University, David studied the synergistic and agonistic relationships between antiretrovirals and chemotherapeutics under Dr. John F. Deeken.
Prior Experience
- Partner and Associate: Troutman Pepper Hamilton Sanders LLP
- Associate: Davidson Berquist Jackson & Gowdey LLP
- Manufacturing Associate: Human Genome Sciences Inc.
- Manufacturing Associate: Bristol-Myers Squibb Company
- Research Assistant: Lombardi Comprehensive Cancer Center at Georgetown University
Courts
- United States Court of Appeals, Federal Circuit
- United States Court of Federal Claims
- United States District Court for the Eastern District of Virginia
- United States Immigration Court
- Supreme Court of Virginia
- District of Columbia Court of Appeals
Other Distinctions
- KIND Northern Virginia Pro Bono Team of the Year, 2025
- Super Lawyers Washington, DC Rising Star, 2018, 2019, 2020, 2021
- Member, Washington, DC Advisory Committee, Kids in Need of Defense (KIND)
- Adjunct Professor, Scholarly Writing, The George Washington University Law School
Memberships & Affiliations
- Virginia Bar
- Washington DC Bar
- ITC Trial Lawyers Association