David Reed

David A. Reed, a member of Kilpatrick Townsend’s intellectual property group, focuses his practice on intellectual property dispute resolution, with particular emphasis on patent infringement and related intellectual property litigation and licensing transactions. He regularly advises clients on defensive strategies including third-party patent reexamination and review proceedings, patent invalidity opinions, and design activities to minimize infringement risks. Mr. Reed also has substantial patent prosecution experience.

Mr. Reed has handled matters involving diverse technologies including wireless communications, software, e-commerce, pharmaceuticals, medical devices, electrical devices, power generation, manufacturing equipment, and consumer products. He has practiced before the U.S. Court of Appeals for the Federal Circuit, U.S. district courts, the International Trade Commission, and the Patent Trial and Appeal Board.

Prior to his legal career, Mr. Reed worked as a process engineer for a major chemical company and interned with the U.S. House of Representatives. He also co-founded and served on the board of directors of the Georgia Tech Bar Association, an active professional organization of Georgia Tech alumni in the legal field. Mr. Reed is an active member of the State Bar of Georgia.

Mr. Reed has been recognized as a 2014, 2015 and 2016 Georgia “Rising Star” in the area of Intellectual Property by Super Lawyers magazine.

Experience:

• Represented one of the world’s largest pharmaceutical companies in the trial of a Hatch-Waxman case relating to the drug lansoprazole, which has an annual domestic market in excess of $3 billion.
• Represented an electrical-device manufacturer in appeals to the U.S. International Trade Commission and U.S. Court of Appeals for the Federal Circuit.
• Represented the respondent manufacturer of the active pharmaceutical ingredient of a drug product for treatment of osteoporosis in a Section 337 investigation before the U.S. International Trade Commission.
• Represented one of the world’s largest pharmaceutical companies in the trial of a Hatch-Waxman case relating to the drug cinacalcet hydrochloride, which has an annual domestic market in excess of $400 million.
• Brigham and Women’s Hospital Inc., et al v. Teva Pharmaceuticals USA Inc. et al., No. 08-464 (D. Del. filed July 25, 2008).
• Served as lead counsel representing Motorola in IPR trials before the United States Patent and Trademark Office for two related patents that are the subject of litigation in Delaware (SoftView LLC v. Motorola Mobility LLC before Judge Stark). We filed a successful motion to join two corresponding IPR trials that had been filed by Kyocera and subsequently instituted. We represented Motorola in oral argument before the board on January 7, 2014, and received a decision finding all challenged claims unpatentable. Judge Stark (D.Del.), who previously denied a motion for stay in the case, granted a stay in view of our IPR trials. The Federal Circuit affirmed the PTAB’s finding that all claims were invalid.
• We represented Motorola Mobility in defending patent infringement claims related to wireless earpiece technology in the Western District of Texas. After winning summary judgment on certain of the claims and forcing plaintiff’s voluntary dismissal of others before trial, we presented a defense that led the jury to return a verdict of non-infringement and invalidity against the remaining claims that were at issue. Effingo Wireless, Inc. v. Motorola Mobility LLC, No. 5:11-cv-00649 (W.D. Tex.) We also invalidated the patent in a re-examination proceeding.

Education:

• University of Virginia School of Law, J.D. (2006)Virginia Tax Review, Executive Editor
• Georgia Institute of Technology, B.S., Chemical Engineering (2002) with highest honors, Henry Ford II Scholar

Admissions:

• Georgia (2006)

Court Admissions:

• U.S. Court of Appeals for the Federal Circuit (2006)
• U.S. Court of Appeals for the Eleventh Circuit (2007)
• U.S. District Court for the Northern District of Georgia (2007)
• U.S. District Court for the Middle District of Georgia (2013)
• U.S. District Court for the Eastern District of Wisconsin (2011)
• U.S. District Court for the Eastern District of Texas (2017)
• U.S. Patent and Trademark Office (2007)
• Georgia Supreme Court (2007)
• Georgia Court of Appeals (2007)
• Georgia Superior Court (2006)