David W. Higer is an experienced trial lawyer with a national federal court practice focusing on all areas of intellectual property law, including related commercial disputes, across a wide array of technologies.
Dave has built a career on the ability to simplify the highly complex technical and legal issues in these cases to the key issues a judge or jury needs to understand to resolve them in his clients’ favor. Specific to patents, he has tried cases before federal district courts, the International Trade Commission, and arbitration tribunals.
Dave also actively practices before the U.S. Court of Appeals for the Federal Circuit and the Patent Trial and Appeal Board. He acts as lead counsel both in crafting litigation strategy and in representing clients at trial.
Dave has worked with clients in a wide range of industries, handling patent cases involving databases, digital imaging technology (both hardware and software), embedded systems, encryption, gaming technology, medical devices, optics, semiconductor technology, standard-essential patents, and telecommunications (both hardware and software).
Dave also has significant district court and appellate experience in copyright matters, including architectural, pictorial, graphic and sculptural, and literary work copyrights.
He advises clients on obtaining copyrights, pre-litigation resolution, alternative dispute resolution, and risk assessment. He has also litigated complex issues related to international copyright law.
His appellate practice includes patent-related appeals before the Federal Circuit Court of Appeals, a copyright appeal before the U.S. Court of Appeals for the Eleventh Circuit, and two amicus curiae briefs filed in the United States Supreme Court.
- PTAB Bar Association Boot Camp: The “What,” “Who,” and “When” of Post-Grant Trials and PTO Appeal Practice, Inaugural PTAB Bar Association Annual Conference l March 2017
- PTAB Practice and Strategy: A Trial Attorney’s Perspective, 22nd Annual Technology & Law Seminar l May 2015
- USPTO Post-Grant Review Proceedings: Lessons Learned, Questions Pending and Strategic Considerations, 21st Annual Technology & Law Seminar l May 2014
- Lessons Learned/Questions Pending: USPTO Post-Grant Review Proceedings — Trial Lawyer’s Perspective, Chicago Bar Association Young Lawyers Section, Intellectual Property l April 2014
- Gonzaga University School of Law, J.D., 2004, summa cum laude, Associate Editor – Gonzaga Law Review
- University of Washington, B.S., Civil Engineering, 1995
Bar Admissions : Idaho, Illinois, U.S. Patent and Trademark Office.
Court Admissions :
- U.S. Court of Appeals, Ninth Circuit
- U.S. Court of Appeals, Federal Circuit
- U.S. District Court, Northern District of Illinois, Trial Bar
Rate : $$$$