David Barker is a litigator with trial experience in federal and state court. He also has argued in the United States Court of Appeals for the Ninth Circuit. David focuses his practice on intellectual property and technology litigation, and his case experience includes patent infringement, trademark and trade dress infringement, copyright infringement, unfair competition, false advertising, and trade secret misappropriation, including under the Federal Defend Trade Secrets Act. In addition to intellectual property cases, David advises clients regarding technology issues in a range of business disputes, including breach of contract, technology development agreements, business torts and other matters.
David’s experience includes inter partes review proceedings before the Patent Trial and Appeal Board, trademark opposition and cancellation proceedings before the United States Trademark Trial and Appeal Board, proceedings under the Uniform Domain Name Dispute Resolution Policy, advertising disputes before the National Advertising Division of the Advertising Self-Regulatory Council and arbitration proceedings before the American Arbitration Association.
David is a registered patent attorney with the United States Patent and Trademark Office and has prosecuted patent, trademark, and copyright applications. He has counseled clients regarding intellectual property portfolio development and strategy, and has experience in licensing, business transactions, due diligence, and clearance, infringement, validity, and patentability analyses. David’s technical and case experience includes computer, internet, mechanical, electrical, heat transfer, fluid dynamics, communications, financial and power systems, as well as software, firearms, food processing devices, insulation and medical devices.
David’s technical background is suited to the complex and evolving issues surrounding intellectual property and the internet. He has experience dealing with cyberpiracy, defamation and fraud on the internet, with issues arising out of the Digital Millennium Copyright Act, and with potential violators who use technology to shield themselves, their identity and their internet activity.
David regularly contributes to Snell & Wilmer’s IP litigation blog, SWIPlit.com.
Duke University School of Law (J.D., 2006)
Executive Editor, Duke Law and Technology Review
Secretary, Duke Intellectual Property and Cyberlaw Society (2004-2005)
Robert William and Robert Wheaton Walter Scholar
Brigham Young University (M.S., 2003)
Brigham Young University (B.S., Mechanical Engineering, 2002)
Member, Tau Beta Pi
American Intellectual Property Law Association (2012-2016)
Association for Unmanned Vehicle Systems International
Sandra Day O'Connor College of Law at Arizona State University, Patent Litigation, Guest Lecturer (2013-2014)