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Two New IP Litigators Bolster Haynes and Boone New York

The Haynes and Boone, LLP New York office has expanded its intellectual property litigation capabilities with the addition of two experienced partners, John Hintz and Richard D. Rochford. >>

Three Accomplished IP Attorneys Join Haynes and Boone, LLP

Responding to the growing intellectual property and trademark needs of U.S. and foreign clients, Haynes and Boone, LLP has added three experienced intellectual property partners – two in Washington, D.C. and one based in California who also practices in Washington, D.C.

The capabilities of the new partners - Philip G. Hampton II, Kimberley Chen Nobles and Bradley J. Olson - complement the nationally recognized talents of more than 50 IP litigation practitioners currently handling IP enforcement and defense in patent litigation as well as  trademark, copyright, and trade secret litigation and arbitration. >>

Haynes and Boone Attorneys Widely Recognized by Texas Super Lawyers

DALLAS – Ninety-three Haynes and Boone, LLP attorneys were recognized in 2011 by Texas Super Lawyers. >>

David Harper in Law360: Gag Gift Maker Says Microsoft Ripped Off Ads

Law360, New York (July 12, 2011) -- Cellrderm LLC sued Microsoft Corp. in Florida federal court Monday, alleging the software company and its advertising agency copied two of the novelty gift maker's commercials in designing ads for Microsoft's Windows Phone 7 operating system. >>

Haynes and Boone Clients Prevail in Copyright Lawsuit

HOUSTON – After a two-week trial in federal district court, a jury took only two hours to return a unanimous verdict denying all claims brought by author and nationally syndicated radio host Michael “The Bad Boy” Baisden against Houston-based I'm Ready Productions (IRP) and its founders, Je'Caryous Johnson and Gary Guidry.

The jury found that Haynes and Boone, LLP client IRP had not infringed Baisden's copyrights of his books, "Men Cry in the Dark" and "Maintenance Man" by distributing videos of the IRP stage-plays of the same names with distributor Image Entertainment. >>



Recent Publications

Supreme Court Issues Two Significant Personal Jurisdiction Decisions

The United States Supreme Court recently issued two important opinions clarifying when a court may exercise personal jurisdiction over a foreign defendant. >>

The Status Quo Wins: Clear and Convincing Proof is Still Required to Invalidate Patent Claims

The Supreme Court ruled last week in Microsoft Corporation v. i4i Limited Partnership that “clear and convincing evidence” is still the standard of proof required to invalidate a patent. >>



David H. Harper

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5247
F +1 214.200.0463

Areas of Practice

Education

  • J.D., Harvard Law School, 1991, cum laude; Senior Editor, Journal of Law and Public Policy
  • B.B.A., Economics and Finance, Baylor University, 1988, summa cum laude

Bar Admissions

  • Texas

Court Admissions

  • Supreme Court of the U.S.
  • Texas Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas

David chairs the firm's Litigation North section, which includes the firm's IP litigators, many of the firm's business litigators and appellate lawyers and its insurance coverage litigators. In his practice, he has had broad business litigation experience with a particular emphasis on intellectual property litigation, technology litigation and media litigation. His intellectual property litigation experience covers copyrights, trademarks and domain names, software, trade secrets and patents. He handles a variety of technology-related disputes, including many involving software development. David also represents media and entertainment companies, including on claims of libel, invasion of privacy, licensing, publishing and distribution disputes. His experience covers a wide array of industries such as energy, real estate, financial services and manufacturing. 

Selected Client Representations

Intellectual Property

  • Successful defense at trial of claims of copyright infringement, breach of license agreement and misappropriation of name brought by nationally syndicated radio show host against stage play production company and DVD distributor.
  • Part of successful TSMC trial team winning claims of theft of semiconductor trade secrets as plaintiff against Chinese fab, SMIC.
  • Successfully trying claims of breach of copyright license and distribution agreement for creator of Barney® children's television series.
  • Leading a copyright enforcement campaign for major software company, including litigation.
  • Successful defense of multiple patent infringement lawsuits related to many technologies, including telecommunications and semiconductors.
  • Enforcing e-commerce trademarks against alleged cybersquatters (Carrot Bunch Co., Inc. v. Computer Friends, Inc., 218 F.Supp. 2d 820 (N.D. Tex. 2002)).
  • Defeating copyright claims about television reality series against a major sports league.
  • Securing summary judgment on claims that domain name registrar did not violate federal Anticybersquatting Consumer Protection Act of 1999 and Texas trademark anti-dilution statute (Lockheed Martin v. Network Solutions, Inc., 141 F. Supp. 2d 648 (N.D. Tex. 2001)).
  • Enforcing e-commerce forum selection clause in a case of first impression in Texas (Barnett v. Network Solutions, Inc., 38 S.W.3d 200, (Tex. App. - Eastland, pet. denied 2001)).
  • Securing injunctive relief against employees to prevent their use of stolen trade secrets.
  • Defense of major telecommunications company in false advertising disputes and trademark oppositions before TTAB.

Complex Business Disputes

  • Defense of claims of shareholder oppression and breach of fiduciary duty at trial and appeal brought against privately held software company.
  • Defending a trust against multi-million dollar claims of fraud, breach of fiduciary duty and conspiracy in a real estate transaction.
  • Successful defense and resolution of complex partnership dispute and business separation.

Software

  • Trying and defeating claims of software copyright infringement brought by former employee against major car rental company (Wood v. Cendant Corporation and Avis Holdings Group, Inc., 2006 WL 2045839 (N.D. Okla.).
  • Prosecuted and resolved software copyright infringement and breach of license agreement claims for software provider against Fortune 5 company.
  • Representing both software providers and customers in complex disputes over implementations of software.

Media, Libel and Invasion of Privacy

  • Obtained summary judgment for financial publisher over alleged violations of federal and state securities laws.
  • Multiple successful defenses of author of Stolen Valor in libel claims brought by individuals making false claims of military service and honors.
  • Regularly advise media companies on pre-publication review issues.

Selected Professional Business and Community Activities

  • Deacon, Park Cities Baptist Church, including service as Chairman of Deacons and President of Trustees
  • Board of Regents, Baylor University, including service as Chair, Academic and Student Affairs Committee
  • President, Harvard Law School Association of Texas
  • Co-Editor, Libel Defense Resource Center's Annual Survey of Privacy and Related Claims Against the Media
  • Trustee, Trinity Christian Academy

Honors and Awards

  • Named a Best Business Lawyer in Dallas for Business Litigation by D Magazine, 2009.
  • Named Texas Super Lawyer by Texas Monthly, 2003-2011.
  • Named in Best Lawyers Under 40 by D Magazine, 2002, 2004 and 2006.

Publications and Presentations

  • "The 2008 Term of the United States Supreme Court: The Decisions Most Important to the Business Community," Article, 2009.
  • "False Press Release by Patent Infringement Defendants Nets District Court Sanctions," The IP Beacon, June 2009.
  • "A Different World: International Arbitration and the Risks of International Deals," Presenter, 2010.
  • "To Have Committed Inequitable Conduct or Not? That is the Question to be Answered," Article, 2010.
  • "Corporate Fiduciary Duties and Shareholder Oppression in Texas," presented at 9th Annual Advanced In-House Counsel Course in San Antonio, Texas, 2010.
  • "Copyright Law," presented to students at Dallas Theological Seminary, 2004-2011.
  • "Hidden Risks From Employee Software," Intellectual Property Today, September 2006.
  • "Copyright Law and Other Intellectual Property Issues," presented to graduate students at Dallas Baptist University, 2009.

Selected Representative Experience


Murphy v. Reynolds, 2011 WL 4502523 (Tex. App.-Fort Worth Sept. 29, 2011)
Represented the author of a financial newsletter who was found not liable under Texas Securities Act to a subscriber who claimed to have lost money in the market based on the author's advice.

Michael Baisden v. I’m Ready Productions, et al.
Complete defense victory, including declaratory judgment and substantial award of costs after nine-day federal court jury trial in lawsuit brought by nationally syndicated radio host and book author against production company, DVD distribution company, and national promoter. The Plaintiff had asserted claims for copyright infringement, unfair competition by misappropriation, breach of contract, civil conspiracy, and tortious interference with business relations.

Arisma Group, LLC v. Marksmen, Inc., et al.
Obtained summary judgment on behalf of domain name investigations and acquisitions company in federal lawsuit alleging fraud and negligent misrepresentation in a domain name acquisition transaction and seeking $6 million in damages.

General Solutions, LP v. Speco Technologies
Represented plaintiff in copyright infringement lawsuit regarding DVR software.

Software Implementation Litigation
Have represented both software providers and customers in complex disputes over implementations of software.

ACPA Litigation
Have pursued multiple ACPA and related domain name and trademark infringement claims for Fortune 5 company against cybersquatters.

First Amendment Litigation - Financial Publisher
Obtained summary judgment for financial publisher over alleged violations of federal and state securities laws to secure First Amendment right to provide general investment advice in investment newsletters. Reynolds v. Murphy, 188 S.W.3d 252, (Tex. App. - Fort Worth 2006, pet. denied).

Tandy Leather Factory, Inc. v. W. Alboum Hat Co.
Represented designer of leather craft supplies in copyright infringement lawsuit regarding decorative buckles and conchos.

Partnership Litigation -- Energy
Pursuing claims against Russian partnership regarding ownership of Russian oil interests.

Successful Defense of Cendant and Avis in Copyright Case
Overcoming significant adverse rulings, Haynes and Boone lawyers won a copyright infringement lawsuit in which the plaintiff sought more than $90 million in damages from Cendant Corporation and Avis Holdings, stating that the Cendant and Avis had benefited from use of a software program he had created prior to beginning employment with the company. The court found that the plaintiff had actually created the program while working for the client, that no infringement took place and no damages would be awarded. (Wood v. Cendant Corporation and Avis Holdings Group, Inc., 2006 WL 2045839 (N.D. Okla.).

Reynolds v. Murphy, 188 S.W.3d 252 (Tex. App. - Fort Worth 2006, pet. denied)
Obtained the first appellate opinion in Texas protecting the First Amendment rights of a newsletter publisher and author to publish general investment advice.

Libel Defense Litigation
Have defended newspaper and magazine against multiple libel claims.

Wood v. Cendant Corp., Copy. L. Rep. (CCH) ¶29,252 (N.D. Okla. 2006)
Through dispositive motion practice and post-trial briefing, assisted in obtaining a take-nothing judgment in an $80 million copyright infringement suit; successfully defended the judgment on appeal.

Real Estate Boundary Litigation
Defeating claims for injunctive relief on boundary dispute for major retailer and successfully arbitrating real estate valuation issues.

Book Publishing Litigation
Arbitrating claims for lost book sales for author against book publishing company.

Carrot Ink ACPA Litigation
Enforcing e-commerce trademarks against alleged cybersquatters (Carrot Bunch Co., Inc. v. Computer Friends, Inc., 218 F.Sup. 2d 820 (N.D. Tex. 2002)).

Network Solutions ACPA Litigation
Securing summary judgment on claims that domain name registrar did not violate federal Anti-cybersquatting Consumer Protection Act of 1999 and Texas trademark anti-dilution statute (Lockheed Martin v. Network Solutions, Inc., 141 F. Supp. 2d 648 (N.D. Tex. 2001)).

Network Solutions ACPA Litigation
Enforcing e-commerce forum selection clause in a case of first impression in Texas (Barnett v. Network Solutions, Inc., 38 S.W.3d 200, (Tex. App. - V Eastland, pet. denied 2001)).

Trade Secret Litigation
Securing injunctive relief against employees to prevent their use of stolen trade secrets.

Barnett v. Network Solutions, Inc., 38 S.W.3d 200 (Tex. App. - Eastland 2001, pet. denied)
Successfully defended an appellate challenge to a judgment enforcing venue provisions in an online "click-wrap" agreement.

Shagitahya v. Martin and ARGO
Defense of claims of minority shareholder oppression and request for dividend from company to all shareholders.

Summary Judgment Defense Victory: Minka v. Aloha
Haynes and Boone defended a ceiling-fan manufacturer - Aloha - that had been accused of infringing utility patents, design patents, trademarks, and copyrights for ceiling fan design and packaging. After extensive discovery - including depositions throughout Asia and the United States - Haynes and Boone secured a complete summary judgment victory for its clients.

Software Copyright Litigation
Securing judgment regarding copyright ownership of software and pursuing infringers.

Semiconductor Trade Secret Litigation
Represents a major international semiconductor-manufacturing company—Taiwan Semiconductor Manufacturing Company (“TSMC”)—in a trade-secret case pending in California state court. TSMC alleges that a Chinese competitor stole semiconductor-fabrication technology that it then unlawfully deployed in its business.

Memberships

  • State Bar of Texas
  • American Bar Association
  • American Intellectual Property Law Association (AIPLA)
  • Dallas Bar Association (Past Co-Chair, Media Relations Committee)
  • Fellow, Texas Bar Foundation
  • W.M. "Mac" Taylor, Jr. American Inn of Court (Master, 2008-Present)

Online Publications

06/13/2011 - The Status Quo Wins: Clear and Convincing Proof is Still Required to Invalidate Patent Claims
The Supreme Court ruled last week in Microsoft Corporation v. i4i Limited Partnership that “clear and convincing evidence” is still the standard of proof required to invalidate a patent.

10/01/2010 - The IP Beacon, October 2010

05/13/2010 - To Have Committed Inequitable Conduct or Not? That is the Question - to be Answered
The U.S. Court of Appeals for the Federal Circuit, which hears all U.S. patent infringement appeals, issued an order on April 26, 2010 requesting briefs from the parties in Therasense, Inc. v. Becton, Dickinson, and Co. (appeal no. 2008-1511) to consider en banc the standards by which courts should find “inequitable conduct.”

07/20/2009 - The 2008 Term of the United States Supreme Court: The Decisions Most Important to the Business Community
The United States Supreme Court recently issued several significant decisions affecting businesses and the nature of business litigation in federal court. The most important of these decisions are summarized in this alert.

06/12/2009 - The IP Beacon, June 2009
"The IP Beacon" is a Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

05/12/2009 - False Press Release by Patent Infringement Defendants Nets District Court Sanctions
The United States District Court for the Eastern District of Virginia recently issued significant sanctions against three defendants to a patent infringement suit. The case, American Science and Engineering, Inc. v. Autoclear, LLC, No. 2:07-CV-415 (E.D. Va. 2007), was filed on September 13, 2007 and involves claims that the Defendants, Autoclear, LLC, Control Screening, LLC, and Scan-Tech Security, L.P. (apparently related companies) infringed certain patents owned by Plaintiff American Science and Engineering, Inc. (“AS&E”).

04/01/2009 - Building an Environmentally Responsible Office Building
Inside the recently completed Haynes and Boone mid-rise Victory Park headquarters, employees have heard so much about the environmentally sustainable features of their new space that some joke the "G" elevator button no longer stands for "Ground," but "Green."

03/31/2009 - U.S. Supreme Court Rejects Pre-Emption Defense in Drug-Labeling Case
Earlier this month, in a closely watched pre-emption case, the U.S. Supreme Court issued a ruling that could have a significant impact on both highly-regulated industries and, by extension, state tort litigation. In Wyeth v. Levine, the Court held that an FDA-approved label warning about the potential side-effects of a drug did not pre-empt a state-law tort claim challenging the adequacy of the drug maker’s label.

06/1/2001 - Copyright Basics
 

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