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David J. Shaw

David J. Shaw

Partner, Washington, D.C.
PHONE: 202-451-4913 FAX: 202-451-4901
David is a trial lawyer who specializes in Section 337 investigations before the International Trade Commission, and also represents clients in litigation before the U.S. District Courts and the Court of Federal Claims, in appeals before the Federal Circuit, and in IPRs before the Patent Trial and Appeal Board. David has litigated patent cases involving a diverse array of areas in both high tech and the life sciences.  David has managed all aspects of patent litigation including pre-filing diligence, claim construction, fact and expert discovery, dispositive motions, trial, and appeal.
 
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

 


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Representative Matters

Representative ITC Matters
  • Represented OPEX Corporation in pursuing patent infringement against HC Robotics and Invata in an ITC investigation involving robotic warehouse automation solutions.  Examined OPEX’s infringement expert and cross-examined Respondents’ technical expert and President/lead engineer.  ITC found a violation and issued remedial orders against both HC Robotics and Invata; Federal Circuit affirmed.
  • Defended Kuraray Co., Ltd. and Nagamine Manufacturing Co., Ltd. against allegations of patent infringement in an ITC Investigation involving automotive emissions control devices brought by Ingevity.  Examined Kuraray’s lead engineer and cross-examined Ingevity’s technical and economic expert witnesses at trial. ITC found no violation by Kuraray and Nagamine based on patent invalidity; Federal Circuit affirmed.
  • Defended 3Shape against allegations of patent infringement in three separate ITC Investigations involving intraoral scanners and dental and orthodontic software brought by Align Technology.  Managed all aspects of the litigation, defended and took dozens of fact and expert depositions, and examined 3Shape’s VP of Product Strategy and economic expert witness and cross-examined Align’s CFO at all three trials.
Representative District Court Matters
  • Represented GlaxoSmithKline affiliate ViiV Healthcare and Shionogi against Gilead in patent litigation related to HIV-1 treatment Biktarvy®.  Case settled on the eve of trial, with ViiV and Shionogi receiving a $1.25 billion upfront payment from Gilead and a 3% royalty payment on Gilead’s future U.S. sales of Biktarvy®.
  • Defended a major multinational internet and computing technology company against allegations of patent infringement.  Won summary judgment of invalidity.
  • Represented 3Shape as both plaintiff and defendant in approximately ten different patent litigations against Align Technology in the District of Delaware and Western District of Texas.  Managed all aspects of 3Shape’s cases, took and defended dozens of fact and expert depositions, and argued various discovery, Daubert, and dispositive motions before 3Shape secured a favorable global settlement.
Representative Appeal Matters
  • Represented OPEX Corporation in defending its victory in an ITC investigation involving robotic warehouse automation solutions.  Lead briefing and presented OPEX’s oral argument.

News & Publications

EDUCATION

The George Washington University Law School, J.D., 2011

Georgetown University, M.S., Tumor Biology, 2007

The Johns Hopkins University, B.A., Biology, 2002
 

ADMISSIONS

2013, District of Columbia

2011, Virginia
 

OFFICES