Overview

David Conrad is an experienced litigator who represents clients as lead counsel in commercial and intellectual property disputes in state courts in Texas and across the country. He represents companies and individuals accused of wrongdoing as well as those seeking to enforce their rights.

David has appeared on behalf of clients in over 300 U.S. District Court and state court cases. He has successfully argued appeals in numerous forums, including several times before the Federal Circuit, the Patent Trial and Appeal Board, and Texas state courts of appeals.

In 2018, Managing Intellectual Property ranked him in the top list of attorneys representing defendants in patent cases in U.S. District Courts. DocketNavigator has ranked him among the top accused patent infringers lawyers several years in a row.

David’s clients benefit from his in-depth knowledge of computers, software, and engineering. He has experience handling disputes involving a wide range of technologies, including telecommunications, artificial intelligence, e-commerce and web site systems, computer network architecture, computer software, encryption, and semiconductors.

Prior to law school, David worked at National Instruments in Austin, Texas as a software engineer, where he developed system-level software and designed embedded computer systems for industrial applications. In his first year at National Instruments, the company’s R&D department recognized David as the rookie of the year. During his engineering studies at the University of Texas, he worked for the Applied Research Laboratories, where he developed controller software and designed embedded computers for high-resolution underwater sonar systems for the U.S. Navy. He is fluent in numerous computer software languages including Rust, Go, Python, JavaScript, C, C++, SQL, Ruby, and Java.

David also tried criminal cases in the Dallas County district attorney’s office as part of its Lawyer on Loan program, where he picked the jury or first-chaired more than 10 jury trials and tried each of those cases to verdict.

He is also active in the community, handling pro bono litigation in partnership with ACLU of Louisiana, Kids in Need of Defense, and Electronic Frontier Foundation, and working on pro bono matters for Texas Appleseed, the Texas Defenders Service, and Immigration Equality.

Experience

Global eTicket Exchange Ltd. v. Ticketmaster L.L.C. et al. (W.D. Tex.): Represented Live Nation and Ticketmaster in a patent infringement case in the Western District of Texas that resulted in a jury verdict of non-infringement. The verdict nullified a potential $112 million damages award requested by the plaintiff, Global eTicket Exchange (GEE). GEE had alleged that Ticketmaster's barcode-based ticketing system infringed GEE's patent for e-ticket exchange and venue access control technology.

Sensormatic Electronics, LLC v. Genetec, Inc. (D. Del.): Fish secured a total victory for client Genetec, a solutions provider in the physical security software space, in a patent infringement action launched by competitor Sensormatic. The Fish team secured an early victory by obtaining a summary judgment of invalidity as to one of the two asserted patents, which led to the plaintiff dropping its remaining claims. We subsequently obtained an award of attorneys’ fees after persuading the court to find the case exceptional.

Inventor Holdings, LLC v. Bed Bath & Beyond Inc. (D. Del. and Federal Circuit): Lead counsel for Bed Bath & Beyond in patent infringement lawsuit involving the local processing of payments for orders placed remotely. Argued on appeal at Federal Circuit and obtained affirmance of summary judgment of invalidity of the asserted patents under 35 U.S.C. § 101. Obtained $1 million award for the plaintiff to pay Bed Bath & Beyond’s attorneys’ fees after a finding that the case was exceptional under § 285, which the Federal Circuit also affirmed.

Escort Inc v. Uniden America Corporation (N.D. Tex.): Lead counsel representing Uniden in patent infringement lawsuit and inter partes review (IPR) proceedings concerning GPS and police radar activity detector technology. Argued at Patent Trial and Appeal Board (PTAB). Obtained favorable settlement for client.

HDNet MMC 2008 v. Zuffa, LLC (Dallas County and N.D. Tex.): Represented Mark Cuban’s mixed-martial arts promoter over contract dispute involving fighter Randy Couture and Zuffa d/b/a Ultimate Fighting Championship.

Huawei Technologies Co. Ltd v. T-Mobile US, Inc. and T-Mobile USA, Inc. (E.D. Tex.): Represented Huawei in a series of four related patent infringement actions concerning T-Mobile’s infringement of 14 standard-essential patents (or SEPs) related to 3GPP/LTE standards for core network equipment, as well as a declaratory judgment case regarding FRAND licensing obligations.

Parallel Networks, LLC v. Abercrombie, Inc. (E.D. Tex.); Parallel Networks, LLC v. AEO, Inc. (E.D. Tex.); Parallel Networks, LLC v. Bentley Motors Inc. (E.D. Tex.); Parallel Networks, LLC v. Adidas America, Inc. (E.D. Tex.); Parallel Networks, LLC v. Backstage Web Inc. (E.D. Tex. and D. Del.): In the first early Markman/Summary Judgment procedure ever implemented in the Eastern District of Texas, obtained summary judgment of non-infringement for Netflix, Flairview Travel, Flightbookers, TripAdvisor, Brawn, US Airways, Delta Air Lines, Oriental Trading, Cabela’s, Barnes & Noble, Onestop Internet, Iconix, Sunglass Hut, Goodyear, Citizen Watch, Dillard’s, Subaru, ASICS, and Jones Retail in patent infringement suit involving the dynamic generation of an applet. Obtained Federal Circuit affirmance of the dismissal. As lead counsel representing Kayak, Orbitz, Shoebuy.com, and Wolverine World Wide, obtained another summary judgment of non-infringement. Argued on appeal at the Federal Circuit, resulting in affirmance.

Richard Garriott v. NCsoft Corp. (W.D. Tex.): Represented legendary computer game developer Richard Garriott in lawsuit against Korean computer game manufacturer over breach of stock option agreement. Obtained $28 million jury verdict.

Sonus Networks, Inc. v. Metaswitch Networks Ltd (E.D. Tex. and USPTO Patent Trial and Appeal Board): Represented Metaswitch Networks in competitor litigation brought by Sonus Networks, Inc. d/b/a Ribbon Communications, Inc. alleging infringement of telecommunications patents related to softswitches and session border controllers (SBCs). In addition to two district court actions involving a total of 20 asserted patents, filed 9 petitions for inter partes review (IPR) with the Patent Trial and Appeal Board (PTAB).

Lead counsel representing a multinational health care and insurance provider in a patent infringement action in the District of Delaware involving five patents directed at website technology and real-time processing of big data.

Vines-Herrin Custom Homes, LLC et al v Great American Insurance Co. et al. (Dallas County): Lead counsel representing homeowner in litigation against CGL insurance carrier in in Dallas County courts. After obtaining $5 million judgment in damages, argued appeal at the Dallas Fifth Court of Appeals and obtained affirmance. Obtained affirmance at Texas Supreme Court.

Jonathan Cooke, et al v. Robert Karlseng, et al. (Dallas County): Lead counsel representing individual in appeal regarding partnership dispute over theft of business operations. Argued at the Dallas Fifth Court of Appeals.

Blue Calypso, Inc. v. Groupon, Inc. (E.D. Tex.; S.D.N.Y.; 5th Cir.; and Fed. Cir.): Represented social advertising software company Blue Calypso in patent enforcement actions against Groupon, Yelp, Foursquare, and IZEA. Handled response to mandamus petition at Fifth Circuit Court of Appeals. Argued appeal at Federal Circuit. Secured settlements on behalf of Blue Calypso.

Cellspin Soft, Inc. v. Fossil Group, Inc. et al (N.D. Cal. and Federal Circuit)): Representing Fossil Group in patent infringement action involving Bluetooth-connected smartwatches.

CXT Systems, Inc. v. Academy, Ltd., d/b/a Academy Sports + Outdoors (E.D. Tex.); CXT Systems, Inc. v. Fossil Group, Inc. (E.D. Tex.): Representing Fossil and Academy Sports in patent infringement action involving e-commerce shopping cart technology.

DDR Holdings, LLC. v. Travelocity.com LP and Site59.com, LLC (E.D. Tex.); DDR Holdings, LLC v. Internetwork Publishing Corporation d/b/a Lodging.com and Neat Group Corporation (E.D. Tex.); DDR Holdings, LLC v. Expedia, Inc. and Hotels.com, LP (E.D. Tex.): Represented Travelocity/Site 59, Lodging.com/Neat Group/Orbitz, and Expedia/Hotels.com in patent infringement suits involving co-branding and private labeling of a website. After reexamination of patents-in-suit, obtained settlements for clients.

Ddrops Company et al v. iHerb, Inc. et al (D. Minn.): Represented iHerb in trademark infringement and patent infringement action against iHerb in connection with Vitamin D supplements. After filing opposition to Ddrop’s motion for preliminary injunction, obtained extremely favorable settlement for client.

Dynamic Applet Technologies, LLC v. Urban Outfitters, Inc. (E.D. Tex.); Dynamic Applet Technologies, LLC v. Mattress Firm, Inc. (E.D. Tex.); Dynamic Applet Technologies, LLC v. Hollister Co. (E.D. Tex.); Dynamic Applet Technologies, LLC v. PetSmart, Inc. (E.D. Tex.): Lead counsel representing Urban Outfitters, Mattress Firm, Hollister, and PetSmart in patent infringement action related to front-end website technology. Obtained favorable settlements for clients.

eDekka LLC v. 3balls.com, Inc. (E.D. Tex.): Represented ALDO U.S., Action Envelop & Printing Co., Asics America Corporation, and Cymax Stores USA in connection with patent infringement cases involving e-commerce shopping cart technology.

Electro Scientific Industries Inc v. Fossil Group Inc. (N.D. Tex.): Lead counsel representing Fossil Group in patent infringement action involving laser drilling of microscopic holes. Obtained favorable settlement for Fossil.

Freeny et al v. Fossil Group, Inc. (E.D. Tex. and USPTO Patent Trial and Appeal Board): Lead counsel for Fossil Group in patent infringement action involving Bluetooth and Wi-Fi technology in smartwatches. Obtained favorable settlement for Fossil before trial.

ICON Internet Competence Network v. Travelocity.com LP (N.D. Tex. and Federal Circuit): Lead counsel for Travelocity in patent infringement action involving website systems for generating a virtual reality scene, where the plaintiff sought damages of over $25 million. After obtaining Federal Circuit affirmance of summary judgment of non-infringement and an award of costs, forced plaintiff to resolve the case by assigning its patents to Travelocity.

Legacy Investments, Inc., et al. v. Bruce Thompson, et al. and Miro Vranac v. Mary Huddleston, et al. (Dallas County): Represented oil and gas investment firm in litigation against former executives for breach of contract, breach of fiduciary duty, and usurpation of corporate opportunity

Phoenix Licensing, L.L.C. v. Barclays PLC, Barclays Bank PLC, and Barclays Bank Delaware (E.D. Tex.); Phoenix Licensing, L.L.C. v. Comerica Inc., M&I Marshall & Ilsley Bank, M&I FSB, Transamerica Affinity Services, Inc., AEGON USA, Inc., AEGON Direct Marketing Services, Inc., Stonebridge Life Insurance Company, and Monumental Life Insurance Company (E.D. Tex.); Phoenix Licensing, L.L.C. v. Colonial Penn Life Insurance Company, CNO Financial Group, Inc., CUNA Mutual Insurance Agency, Inc., CUNA Mutual Insurance Society, CUNA Mutual Life Insurance Co., and Members Life Insurance Co. (E.D. Tex.); Phoenix Licensing, L.L.C. v. Sovereign Bank (E.D. Tex.); and Phoenix Licensing, L.L.C. v. Nationwide Mutual Insurance Company, Nationwide Bank, Nationwide Investment Services Corporation, Nationwide Property & Casualty Company, Nationwide Lloyds Company, and Allied Property and Casualty Insurance Company (E.D. Tex.): Represented Comerica, CUNA, Sovereign, Colonial, Nationwide, Barclays, Transamerica, AEGON, Stonebridge, Monumental, and M&I, in patent infringement suits involving e-commerce technology. Obtaining grant of motion to dismiss for lack of patent eligibility under Section 101 invalidating all patents-in-suit.

Sensormatic LLC v Genetec, Inc. (D. Del.): Lead counsel representing Genetec in patent infringement action involving video analytics and elevator access control systems.

Teleconference Systems LLC v. Metaswitch Networks Corp. (E.D. Tex.): Lead counsel representing Metaswitch Networks in patent infringement action brought by Teleconference Systems relating to session border controller (SBC) telecommunications products. Obtained favorable settlement for Metaswitch.

Lead counsel representing a multinational health care and insurance provider in a contract and copyright dispute in the Northern District of California concerning allegations of software license over-deployment.

Represented a multinational health care and insurance provider in a patent infringement action in the Eastern District of Texas involving multi-function debit card payment system.

Aqua Connect, Inc. et al v. Splashtop, Inc. (D. Del.): Lead counsel representing Splashtop in patent infringement action relating to remote access and remote desktop software. Obtained favorable settlement for Splashtop.

BSG Tech LLC v. BuySeasons, Inc. (E.D. Tex.): Represented BuySeasons in patent infringement action directed to database technology involving considering historical usage information while inputting data. Obtained grant of Rule 12(b)(6) dismissal under § 101 based on ineligibility of patents directed to considering historical usage information while inputting data, affirmed on appeal by Federal Circuit.

E2E Processing, Inc. v. Cabela’s Incorporated (E.D. Tex.): Lead counsel representing Cabela’s in patent infringement action involving exchange to exchange (E2E) technology on websites. Obtained dismissal from plaintiff after filing a Rule 11 motion alleging the lawsuit was frivolous.

Epic IP LLC v. Backblaze, Inc. (D. Del.): Represented Backblaze in patent infringement action directed to online chat technology. Obtained grant of Rule 12(b)(6) dismissal under § 101 based on patent ineligibility

Finnavations LLC v. Payoneer, Inc. (D. Del.): Represented Payoneer in patent infringement action related to financial management systems. Obtained grant of Rule 12(b)(6) dismissal under § 101 based on ineligibility, along with an award of all of client’s attorney fees.

Hitel LLC v Giorgio Armani (W.D. Tex.): Represented Giorgio Armani in patent infringement litigation involving e-commerce search technology. Obtained dismissal for client.

Represented a multinational health care and insurance provider and a national home goods retailer in a patent infringement action in the Western District of Texas involving CAPTCHA services.

Icon Laser Solutions, LLC v. Abercrombie & Fitch, Co. (D. Del.): Represented Abercrombie & Fitch, Aeropostale, American Eagle Outfitters, Ralph Lauren, and Nine West Holdings in patent infringement action involving methods for using lasers to color and fade textiles. Obtained Rule 12(b)(6) dismissal for failure to state a claim.

IPLearn-Focus v. Microsoft Corporation (USPTO Patent Trial and Appeal Board): Represented Microsoft in three inter partes review (IPR) proceedings involving patents asserted against Xbox 360 Kinect

Magnolia and Vine Inc. v. Tapestry, Inc. (D. Minn.): Represented Coach, Kate Spade, and Tapestry in patent and trademark infringement action involving design and utility patents related to designer handbags.

Mantis Communications, LLC v. Papa Murphy’s Holdings, Inc (E.D. Tex. and Federal Circuit); Mantis Communications, LLC v. Baskin-Robbins Franchising, LLC (E.D. Tex.); Mantis Communications, LLC v. Regal Cinemas, Inc (E.D. Tex.); Mantis Communications, LLC v. Culver Franchising System (E.D. Tex. and Fed. Cir.): Lead counsel representing Papa Murphys, Baskin-Robbins, Regal Cinemas, and Culver in patent infringement action related to advertising technology for delivering content to mobile devices. After obtaining a Rule 12(b)(6) dismissal under § 101 based on patent ineligibility, argued the appeal at the Federal Circuit resulting in affirmance.

nThrive, Inc. v Peak Technologies LLC: Lead counsel representing nThrive in trademark opposition and infringement action against Peak Technologies, LLC

Semantic Search Technologies LLC v. O’Reilly Automotive, Inc. (E.D. Tex.); Semantic Search Technologies LLC v. Fry’s Electronics, Incorporated (E.D. Tex.): Representing Fry’s Electronics and O’Reilly Automotive in patent infringement action brought by Semantic Search Technologies relating to e-commerce website technology. Obtained a Rule 12(b)(6) dismissal under § 101 based on patent ineligibility.

TQP Development, LLC v. Barclays Bank PLC and Amazon.com, Inc. (E.D. Tex.); TQP Development, LLC v. Ticketmaster Entertainment, Inc. (E.D. Tex.); TQP Development, LLC v. Delta Air Lines, Inc., BigMachines, Inc., Transamerica Life Insurance Company, and Bank of New York Mellon Corporation (E.D. Tex.); TQP Development, LLC v. Allianz Life Insurance Company of North America, CNA Financial Corporation, Dodge &Cox, OppenheimerFunds, Inc., Nationwide Investment Services Corporation, and Nationwide Mutual Insurance Company (E.D. Tex.); TQP Development, LLC v. CHS, Inc., New York Life Insurance Company, New York Life Insurance and Annuity Corporation, and Massachusetts Mutual Life Insurance Company (E.D. Tex.); TQP Development, LLC v. Orbitz, LLC, Hotwire, Inc., and Expedia, Inc. (E.D. Tex.); TQP Development, LLC v. Deere & Company (E.D. Tex.); TQP Development, LLC v. PepsiCo, Inc. (E.D. Tex.); TQP Development, LLC v. Oriental Trading Company, Inc. (E.D. Tex.); TQP Development, LLC v. Google Inc. (E.D. Tex.); TQP Development, LLC v. Hertz Corporation (E.D. Tex.); TQP Development, LLC v. Carestream Health, Inc. (E.D. Tex.); TQP Development, LLC v. Bed Bath & Beyond (E.D. Tex.); TQP Development, LLC v. Brooks Brothers Group, Inc. (E.D. Tex.); TQP Development, LLC v. Frontier Airlines, Inc. (E.D. Tex.); and TQP Development, LLC v. Allied Electronics, Inc. (E.D. Tex.): Represented numerous defendants in patent infringement suit involving encrypted web communications. Obtained summary judgment of non-infringement for Hertz in suit involving SSL technology. Also obtained dismissal of Ticketmaster, CHS, MassMutual, Oriental Trading, Bed Bath & Beyond, Brooks Brothers, Frontier Airlines, and Allied Electronics and favorable settlements for Barclays, Amazon, Delta, BigMachines, Transamerica, Bank of New York Mellon, Oppenheimer, Nationwide, New York Life, Allianz, CNA Financial, Orbitz, Hotwire, Deere, PepsiCo, Expedia, and Google.

Ultravision Technologies, LLC v. Irvin International (E.D. Tex.): Lead counsel representing Irvin International in patent infringement action related to LED billboard display technology, resulting in settlement.

Billingnetwork Patent, Inc. v. Modernizing Medicine, Inc. (N.D. Ill. and D. Del.); BillingNetwork Patent, Inc. v. VisionWeb Holdings (N.D. Ill.): Lead counsel representing Modernizing Medicine and VisionWeb. in patent infringement actions involving integrated internet facilitated billing, data processing and communication system. Obtaining a dismissal for improper venue in Illinois and transfer to Delaware on behalf of Modernizing Medicine. Obtained stipulated dismissal on behalf of all clients.

CeeColor Industries LLC v. Citizen Watch Company of America, Inc. (D. Del.): Represented Citizen Watch in patent infringement action involving an electronic device security system with proximity sensing. Secured voluntary dismissal by plaintiff.

Colt International Clothing, Inc v. Quasar Science LLC et al (C.D. Cal.): Lead counsel representing Cinelease in patent infringement action related to flexible light harness and wiring.

Dexas International Ltd v. Lifetime Brands, Inc. (E.D. Tex.): Obtained favorable settlement for Dollar Tree in patent infringement suit concerning a cutting board scoop.

Execware LLC v. Blue Nile Inc. (D. Del.): Represented Blue Nile in patent infringement action involving parametric search technology. Obtained stipulated settlement for client.

Global Sessions LP v. Orbitz Worldwide, Inc., Orbitz Worldwide, LLC, Orbitz, Inc., Orbitz, LLC, and Trip Network, Inc. (d/b/a CheapTickets) (E.D. Tex.) and Global Sessions LP v. Priceline.com, Inc. (E.D. Tex.): Represented Orbitz and Priceline in patent infringement lawsuits relating to session state web server technology. Obtained favorable settlements for clients.

H-W Technology L.C. v. Orbitz Worldwide, Inc. (N.D. Tex.): Obtained favorable settlement for Orbitz in patent infringement action relating to the use of a smartphone to access a mobile website to order goods and services.

LBS Innovations LLC v. Hotels.com, LP (E.D. Tex.): Represented Hotels.com in patent infringement suit relating to website geographic search locator feature. Obtained stipulated dismissal on behalf of client.

Lit v. Zazzle Inc. (N.D. Ill.): Represented Zazzle in patent infringement actions involving technology for carousel displays on websites. After obtaining an order granting Rule 12(b)(6) motion for improper venue, secured stipulated dismissal on behalf of client.

MB&A Robotways v. Minuteman International, Inc. (N.D. Ill.): Represented Minuteman in patent infringement action involving autonomous floor scrubbers. Secured an early voluntary dismissal by plaintiff.

Mod Stack LLC v AcuLab, Inc. (D. Del.); Mod Stack LLC v. Raisecom Inc. (D. Del.); Mod Stack LLC v. Metaswitch Networks Corp. (E.D. Tex.); Mod Stack LLC v. Sangoma US Inc. (E.D. Tex.); Mod Stack LLC v. Masergy, Inc. (E.D. Tex.): Represented AcuLab, Raisecom, Metaswitch, Sangoma, and Masergy in patent infringement action directed at VoIP gateways.

Nu You Technologies, LLC v. Beauty Town Int’l, Inc. (N.D. Tex.): Lead counsel representing Beauty Town in patent infringement action involving hair care products. Obtained stipulated settlement for client.

Opal Run LLC v. C&A Marketing, Inc. (E.D. Tex.): After forcing plaintiff to dismiss its case with prejudice without a settlement or payment, obtained award of attorneys fees under 35 U.S.C. 285 on behalf of Overnightprints.

Orientview Technologies LLC v. Spy Inc. (D. Del.) and Orientview Technologies LLC v. Seven For All Mankind, LLC (S.D.N.Y.): Represented Spy and Seven For all Mankind in patent infringement actions involving viewer specific presentation of information. Obtained favorable settlements for clients.