David L. McCombs

Partner Dallas Washington, D.C.

T +1 214.651.5533

F +1 972.692.9116

[email protected]

Biography

David McCombs is primary counsel for many leading corporations in a wide range of IP matters and is regularly identified as one of the most active attorneys appearing before the Patent Trial and Appeal Board (PTAB).

He has more than 40 years of experience in patent litigation, appellate advocacy, and portfolio development. His practice includes:

District court litigation and parallel PTAB proceedings
Inter partes review, reexamination, and post-grant proceedings
Federal Circuit appeals
Patent portfolio development and licensing

Nationally ranked, David has been commended by clients stating "David has high sophistication and excellent commercial vision." (Chambers USA, 2025). “David is awesome, one of our go-to counsels. I'm extremely impressed with his work. He is absolutely first-rate.” (Chambers USA, 2023). He has “a deep understanding of our business and approach to resolving complex IP issues” (Chambers USA, 2022). David is further described as “one of the best, not just of patent practitioners but practitioners generally” and “extremely organized, responsive, thoughtful and calm.” (Chambers Global, 2020). He is known for his “strong Federal Circuit patent litigation practice and prominent PTAB expertise” (Chambers Global, 2019).

Recognized by IAM Patent 1000 2023, “David McCombs is an exceptionally versatile practitioner who engages in complex litigation, licensing and portfolio development work. He is a trusted partner to social media giant [ ] for whom he regularly handles IP disputes.” David’s clients appreciate that he is an “ultra-organized, extremely responsive and sophisticated counselor who is a true pleasure to partner with” and a “zealous but very professional advocate" (IAM Patent 1000, 2020, Law Business Research). David has also been cited as “a leading practitioner when it comes to the thoughtful and strategic analysis of patents in the marketplace and critical opinion work” (IAM Patent 1000, 2019, Law Business Research).

David’s work for these clients is enhanced by his prior experience as in-house patent counsel. Prior to joining the firm in 1989, he worked for a diversified technology company with a long history of developing breakthrough chemical/material science, diagnostic, robotics, and motion management technologies.

David is an adjunct professor at SMU’s Dedman School of Law. He serves on the planning committees and faculty for the Annual Silicon Valley Advanced Patent Law Institute (2001–present) and the Advanced Patent Law Institute at the U.S. Patent and Trademark Office (2006–present).

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Selected Client Representations

Lead counsel for various Fortune 100 companies in inter partes review proceedings before the U.S. Patent & Trademark Office’s Patent Trial and Appeal Board
World's largest dedicated semiconductor foundry - representations in federal and state court proceedings, transactions, and patent procurement related to semiconductor devices and processing technologies
Prominent social media company – representations in various intellectual property disputes in district courts, before the USPTO, and before the Court of Appeals for the Federal Circuit
Multinational computer technology and IT consulting corporation – representations in various intellectual property disputes in district courts, before the USPTO, and before the Court of Appeals for the Federal Circuit
Leading U.S. silicon innovation manufacturer - representations in Patent Office proceedings involving concurrent litigation
Leading U.S. open source software developer - representations in patent disputes, transactions, portfolio development, patent procurement, and reform policy
Telephone equipment manufacturer - defense of patent infringement action involving SS7 network for mobile phones
Global oil field service company - representations in patent and trade secret disputes and licensing transactions
Telecommunications service provider - enforcement of patents covering the electronic processing of call detail records against major long distance providers, several RBOCs, and other service providers
Leading medical device company - representations in defense of actions for patent infringement and misappropriation of trade secrets; patent prosecution; and patent licensing
Counsel to Department of Justice in the matter of Summit Technology, Inc. and VISX, Inc. involving dissolution of patent pooling arrangement for patents on LASIK eye surgery
Neutral Arbitration of dispute between major airline and information technology service provider
Mediator in patent litigation between oil field tool manufacturers

Professional Affiliations and Engagements

Awards and Recognitions

Publications and Speaking Engagements

David is a frequent author and speaker on patent law, inter partes review, PTAB procedure, Federal Circuit appeals, discretionary institution, estoppel, and AI-related intellectual property issues.

He has published extensively in outlets including:

Reuters
Law360
Bloomberg Law
The Patent Lawyer
Intellectual Property Magazine
IPWatchdog
Westlaw Today
LegalTech News
The Journal of Robotics, Artificial Intelligence and Law
Journal of the Patent & Trademark Office Society

He is a regular speaker, moderator, and faculty member for national intellectual property programs, including those presented by:

Practising Law Institute (PLI)
The United States Patent and Trademark Office
ABA Section of Intellectual Property Law
PTAB Bar Association
Texas Bar CLE
Silicon Valley Advanced Patent Law Institute
University of Texas Advanced Patent Law Institute

His programming has addressed post-grant proceedings, PTAB trial strategy, Federal Circuit appeals, ethics in patent practice, AI and inventorship, discretionary institution, and the intersection of PTAB and district court litigation.

Representative topics include:

“Federal Circuit Limits IPR Estoppel for Ongoing Reexaminations,” co-author, Reuters, January 15, 2026.
"AI training data might not be protected by fair use," co-author, Trademark Lawyer Magazine, Mar 20, 2025.
“The Impact of Chevron’s Elimination on IPR Practice,” co-author, Reuters, August 28, 2024.
“New Patent Office Obviousness Guidance,” co-author, Reuters, March 29, 2024.
“USPTO Issues Inventorship Guidance on AI-Assisted Inventions,” co-author, The Patent Lawyer, March 5, 2024
“When is Corroborating Evidence for Inventor Testimony Required?,” co-author, Reuters, February 8, 2024.
"How might an AI Model affect vehicle accident liability?" co-author, The Patent Lawyer, Annual 2024.
"Legal Profession, Professional Perspective - Best Practices for Working With Paralegals," co-author, Bloomberg Law, August 2023.
"The Supreme Court Leaves Patent Eligibility in Flux," co-author, The Patent Lawyer, July 4, 2023.
"Attorney Development Throughout Your Career," co-author, Bloomberg Law, June 9, 2023.
"Using AI for Competitive Advantage." co-author, The Journal of Robotics, Artificial Intelligence and Law, July 2023.
“US Supreme Court: The More One Claims, The More One Must Enable,” co-author, The Patent Lawyer, June 7, 2023.
"Chatbot Patents are Likely to Spark AI Wars," co-author, Law360, April 4, 2023.
"Trial Lawyer's Guide to Post Grant Patent Proceedings," co-author, LexisNexis IP Law & Strategy Series, January 29, 2023.
“IPR Tricks of the Trade: Changes to Expect at the USPTO in 2023,” co-author, Reuters, January 27, 2023.
"After West Texas Ruling, Patenting AI Could be More Nuanced," co-author, Law360, February 25, 2022.
"IPR Tricks of the Trade: Discretionary Institution When There is Parallel ITC Investigation," co-author, Reuters, January 11, 2022.
"Changes at the USPTO Under Former Director Andrei Iancu: A Retrospective," co-author, Westlaw Today, May 24, 2021.
"Drawing the Line: Appealability of Issues in PTAB Institution Decisions," co-author, IP & Technology Law Journal, Vol. 33 No. 5, May 2021.
"Obviousness by Resort to Common Sense," co-author, Intellectual Property & Technology Law Journal, Volume 32, No. 10, Nov.-Dec. 2020.
"Advanced Patent Trial and Appeal Board (PTAB) Trial Strategies 2020," speaker, Practising Law Institute, September 8, 2020.
"Juries in FRAND Setting (analysis of how FRAND rate findings will be handled following the Federal Circuit’s TCL Commc’n Tech. Holdings Ltd. v. Telefonaktiebolaget LM Ericsson decision)," co-author, Intell. Prop. Mag. 53-54, Mar. 2020.
"PTAB Master Class," moderator, PTAB Bar Association Annual Conference, Washington, D.C., March 13, 2019.
"Patent Policy – The Future of Patent Litigation and the PTAB," moderator, Corporate Intellectual Property Strategy Conference, Santa Clara, CA, November 16, 2017.
"Ethics in the Post-AIA World," 15th Annual Richard C. Sughrue Symposium on Intellectual Property Law and Policy, The University of Akron School of Law, Akron, Ohio, March 4, 2013.
"Federal Circuit Appeals From the PTAB: A New Game or Just the Same Old Practice?" co-author, Haynes and Boone White Paper, February 1, 2013.
"Litigation Strategies After AIA," 2013 Annual Advanced Patent Law Institute, The United States Patent and Trademark Office, George Mason University School of Law, and The University of Texas School of Law, Alexandria, Virginia, January 24, 2013.
"Trial Practice in Contested Proceedings before the Patent Trial and Appeal Board," 50th Anniversary Conference on Intellectual Property Law, The Center for American and International Law, Plano, Texas, November 12, 2012.
"Ethics-Related Implications of the America Invents Act," Intellectual Property Owner’s IP Chat Channel, October 23, 2012.
"Risk Management and Intellectual Property," 2012 Symposium on Global Markets – Managing Risks and Potential Liabilities in Uncertain Times: The Duties and Responsibilities of the International Lawyer, The Center for American and International Law, Plano, Texas, June 19, 2012.
"The Corporate Response to New Legislation: Changes in Portfolio Development and Patent Defense Strategies," 2012 Annual Advanced Patent Law Institute, The United States Patent and Trademark Office, George Mason University School of Law, and The University of Texas School of Law, Alexandria, Virginia, January 19, 2012.
"The New Calculus for Challenging Patents Under the America Invents Act," 23rd Annual All Hands Meeting, Silicon Valley Association of General Counsel, Santa Clara, California, December 7, 2011.
"Alternative Dispute Resolution in Patent Cases," State Bar of Texas Advanced Patent Litigation Course, San Antonio, Texas, July 2010.