David H. Harper

Partner Dallas

T +1 214.651.5247

F +1 214.200.0463

[email protected]

Biography

David Harper solves clients’ complex business problems and implements their strategies both in the courtroom and the boardroom. A trusted business advisor, he has served as lead counsel for his clients’ most significant and complex disputes, including semiconductor fabrication patent and trade secrets, partnership and private equity disputes, oil and gas transactions, public pensions, and disputes about the sale of major businesses. David has written and spoken on the creation of the Texas Business Court, serves on a Texas Business Law Foundation Task Force related to the new courts, and can advise clients concerning how it is likely to affect business litigation in Texas.

Teams that David has led or co-led have achieved remarkable litigation victories, including:

Successfully defending a major semiconductor fabrication company in a patent infringement case in which the plaintiff conceded defeat in the trial court after a favorable Markman ruling
Successfully defending clients in a multi-week trial and then on appeal against claims of copyright infringement regarding video distribution rights
Defeating claims in federal court of alleged theft of software as trade secrets

David has also successfully represented clients in business disputes, including:

Pursuing claims for fraud against sellers of a business to a major workwear manufacturing company which was then mutually settled
Winning a multi-year battle defeating claims of alleged shareholder oppression in the Texas Supreme Court
Defending and resolving multiple lawsuits against the prominent founder of a major independent oil and gas company from claims about buyouts of other investors

David contributes his skills to a number of boards, including that of Baylor University, where he served for several years as the chair of multiple committees. David has also served in significant leadership roles in the firm, including as the co-chair of our overall litigation practice, chair of our IP Litigation and Business Litigation Practice Groups, on our Board of Directors, and on multiple firm management committees.

David has been recognized in The Best Lawyers in America for intellectual property and patent litigation, 2014-2026 (Woodward/White, Inc.) and Texas Super Lawyers, 2003-2025 (Thomson Reuters). He was selected as one of D Magazine's "Best Lawyers in Dallas" in 2009 and again in 2018 (D Magazine Partners), and is AV® Peer Review Rated Preeminent by Martindale-Hubbell® Law Directory.

Expand All

Selected Client Representations

Intellectual Property

Successfully resolved a seven-patent matter against MediaTek Inc. and MediaTek USA Inc. in the Western District of Texas (6:20-cv-1210). MediaTek was one of eight other chip designers sued by Ocean Semiconductor for alleged use of technology for automated process control of semiconductor manufacturing. The case proceeded through Markman and significant discovery, including of multiple third parties, before resolving.
Defense of provider of police video camera technology against claims of patent infringement by competitor.
Defense of semiconductor technology in worldwide patent litigation between competitors in multiple lawsuits including in Texas and Delaware, ultimately resulting in resolution.
Successful defense in the trial court of Taiwan Semiconductor Manufacturing Company in patent litigation regarding lithography technology (DSS Technology Management, Inc. v. Taiwan Semiconductor Mfg. Co., Ltd., No. 2:14-cv-199-RSP, 2015 WL 1737732 (E.D. Tex. April 8, 2015) (upheld by 642 Fed. App’x 1006 (Fed. Cir. 2016))).
Successful defense of alleged theft of trade secret claims related to software (Spear Marketing v. ARGO Data Resources, 2013 WL 2149570 (N.D. Tex.).)
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. (Baisden v. I’m Ready Productions, 693 F.3d 491 (5^th Cir. 2012).)
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.
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.).)
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)).

Complex Business Disputes

Successful defense of Dallas Police and Fire Pension System against multiple challenges to pension plan, including in Degan v. Dallas Police and Fire Pension System.
Pursuit of claims to remove general partner of private equity fund and related damages claims for Dallas Police & Fire Pension System
Pursuit of tort claims related to correction of transfers of oil and gas interests in sale transaction (settled)
Pursuit of claims in arbitration related to wrongful administration and self-dealing of oil and gas minerals partnership by general partner (settled)
Prosecution of fraud claims related to sale of business unit to major work wear manufacturer (settled).
Successful defense of claims of shareholder oppression and breach of fiduciary duty at trial and appeal brought against privately held software company (ARGO Date Resources v. Shagrithaya, 380 S.W.3d 249 (Tex. App.—Dallas 2012, pet. denied)).
Defending a trust against multi-million dollar claims of fraud, breach of fiduciary duty and conspiracy in a real estate transaction.

Media, Libel and Invasion of Privacy

Defense of libel claims against news organization related to its reporting on how a story by another news organization came about as the murder of a political staffer (Butowsky v. NPR (E.D. Tex.))
Obtained summary judgment for financial publisher over alleged violations of federal and state securities laws. Reynolds v. Murphy, 188 S.W.3d 252 (Tex. App.—Fort Worth 2006) and Reynolds v. Murphy (II), 266 S.W.3d 141 (Tex. App.—Fort Worth 2008).
Multiple successful defenses of author of Stolen Valor in libel claims brought by individuals making false claims of military service and honors.

Professional Affiliations and Engagements