David Almeling

O'Melveny & Myers LLP

$ $$$

Embarcadero Center
San Francisco 94111 CA US

David Almeling is one of the country’s leading attorneys in trade secret law. Legal 500describes him as one of the “key figures in the trade secrets space,” IAM Patent 1000 calls him a “trade secret authority,” and he has testified before Congress on safeguarding trade secrets.

David was profiled for his trade secret work in The National Law Journal’s “Intellectual Property Trailblazers & Pioneers” as one of the top 50 intellectual property lawyers and in Law360’s “Rising Stars” as one of the top attorneys under age 40.

The third edition of his book, Trade Secret Law and Corporate Strategy, was published by LexisNexis in 2018. David has represented clients in countless matters that span the full range of trade secret and employee mobility issues, from advising on protection programs to investigating alleged thefts to litigating trade secret cases in state and federal court.

David is also an accomplished and successful patent litigator. IAM Patent 1000 describes him as an “up-and-coming star” who “gets great results.” David advises clients on patent strategy and litigates patent cases. He also represents clients at the US Patent & Trademark Office, including serving as first chair at several Inter Partes Review hearings.

Experience:

  • Examples of Patent Litigation:
    • Defended an industry-leading, Mountain View-based multinational public cloud computing company in over two dozen patent matters, including serving as a second chair in a jury trial in D. Del. and achieving an across-the-board victory with verdicts of invalidity and noninfringement in a case involving terrain visualization software where the plaintiff sought more than $100 million in damages.
    • Defended a Korea-based, multinational public electronics company in five patent cases. One in D. Del. involved a method of providing driving directions and resulted in complete victory in which the patent was invalidated by the PTO.
    • Defended a Fortune 50 consumer electronics company in several patent cases, including one that involved antivirus software that resulted in a favorable settlement that led to licensing a portfolio of patents. (D. Del., S.D. Fla., E.D. Tex., W.D. Wash.)
    • Represented a San Jose-based public semiconductor manufacturer in several patent cases, including one in E.D. Pa. that involved voltage and temperature compensated amplifiers and resulted in a complete victory in which the case was dismissed shortly after O’Melveny filed a Rule 11 motion.
    • Represented a biometric payment solutions company in an appeal that decided the ownership of fifteen patents, resulting in a Federal Circuit decision that gave a complete victory to the company. (Fed. Cir.)
    • Represented two leading multinational consumer electronics companies in asserting patent infringement claims against a provider of wireless networking technology, resulting in a Federal Circuit decision approving, for the first time, of proving infringement through compliance with a technical standard. (Fed. Cir. and W.D. Wis.)
    • Represented a major manufacturer of water sports boats in three patent cases, including cases involving wake-surfing technology that resulted in favorable settlements that included substantial royalty payments. (E.D. Tenn. and M.D. Fla.)
    • Defended a California-based leading provider of video-streaming services in two patent cases, both in C.D. Cal., resulting in a favorable resolution that involved no monetary payment by the client.
    • David also has substantial experience and success advising companies regarding proceedings in the PTO. He has been involved in dozens of ex parte and inter partesreexaminations, Inter Partes Review proceedings, and Covered Business Method proceedings.
  • Examples of Trade Secret Litigation and Other Matters:
    • Represented a subsidiary of a California-based public company that provides analog and mixed-signal semiconductors in a trade secret and breach of contract case involving power management semiconductor technology that resulted in a summary jury trial victory and then a favorable post-verdict settlement later that day. (Texas state court)
    • Represented a biometric sensors company against two former employees in arbitration involving claims of breach of contract and trade secret misappropriation. The arbitrator, a former federal judge, found in the company’s favor. (JAMS)
    • Represented a medical device company in six simultaneous cases involving software and hardware used to design orthodontic braces, resulting in a favorable settlement that included a significant payment to the client. The cases involved trade secret, trademark, and other claims. (N.D. Cal., W.D. Wis., ITC, and California state court)
    • Represented a leader in biometric fingerprint security solutions in a case involving trade secret claims, resulting in a favorable settlement that created the world’s largest provider of fingerprint sensors and identity management software. (N.D. Cal.)
    • Represented a fabless semiconductor company based in California in a trade secret and breach of contract case involving network architecture technology that resulted in a favorable settlement. (California state court)
    • Defended an innovator of HD semiconductor chips in a case that involved trade secret, copyright, antitrust, and unfair competition claims, resulting in a favorable settlement after the successful defeat of a motion for preliminary injunction on the trade secret claim. (N.D. Cal.)

Admissions:

  • California
  • US District Court, Northern, Southern, Central, and Eastern Districts of California
  • US District Court, Western District of Washington
  • US Court of Appeals, Third, Seventh, Ninth, Eleventh, and Federal Circuits
  • US Supreme Court

Education:

  • Duke University, J.D.: high honors; Order of the Coif; note editor, Duke Law Journal; Moot Court Board
  • University of Florida, B.A., Political Science: highest honors; valedictorian; Phi Beta Kappa

Clerkships:

  • Honorable Gerald B. Tjoflat, US Court of Appeals, Eleventh Circuit (2004-05)

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Embarcadero Center
San Francisco 94111 CA US
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