David Gross is a trial lawyer.

David was recently recognized as one of the top patent litigators in the world in IAM Patent Litigation 250 – The World's Leading Patent Litigators.  In 2009 the National Law Journal named David to its annual list of "Top Ten Winning Litigators in the United States." In 2008 The American Lawyer named David one of 50 "Rising Litigation Stars in the United States" and IP Law & Business featured David as a leading trial lawyer. He has been recognized as a leading IP trial lawyer in Chambers USA, Minnesota Law & Politics and The Best Lawyers in America. David's trial victories in major IP cases led Minnesota Lawyer to name David one of the top 15 lawyers in Minnesota for 2003 and 2008.

David's representative cases include:

• Lead trial counsel for 3M in a series of patent infringement cases in which 3M obtained consent judgments of infringement against its competitors.
• Lead trial counsel for Seagate Technology in a complex patent case brought by Siemens accusing all disc drives sold by Seagate since 2000 of infringing Siemens' patent on GMR sensor technology. Following a six-week jury trial in the Central District of California (Santa Ana Division), the jury returned a complete defense verdict for Seagate based on both anticipation and obviousness. The trial victory was covered in IP Law360.
• Lead trial counsel for Global Traffic Technologies LLC, a former 3M business, in a patent infringement jury trial involving Opticom, the world's leading traffic preemption technology. The jury awarded Global Traffic $6.75 million in damages, and the court entered a comprehensive permanent injunction.
• Lead trial counsel for Benchmark Electronics in a breach of contract jury trial in federal court involving patented technology for ultra-thin printable batteries.  The jury rejected the plaintiff's multiple breach of contract claims totaling over $22 million in alleged damages and awarded Benchmark over $700,000 on its counterclaims. 
• Lead trial counsel for FLOE International in a patent infringement jury trial involving snowmobile trailer technology. The jury found willful infringement of FLOE's patent, and the court doubled FLOE's damages award for a final judgment of over $2 million.   
• Lead trial counsel for Wyeth in a trade secret misappropriation trial involving Premarin, a leading hormone replacement therapy drug. The trial victory was profiled in a page one story in The National Law Journal.
• Lead trial counsel in a multimillion-dollar arbitration hearing in Las Vegas for a medical technology company accused of breaching an IP license agreement. The arbitrator ruled in favor of our client and awarded no damages to the complainant.
• Lead trial counsel in a multimillion-dollar arbitration hearing in Chicago for a medical technology company accused of breaching an IP license agreement. The panel ruled in favor of our client and awarded no damages to the complainant.

Prior to joining the Minneapolis office of Faegre Baker Daniels, David was a litigator in Washington, D.C., serving as a trial attorney in the Honors Program of the United States Department of Justice; a litigation associate at Covington & Burling; and a litigation associate at Skadden, Arps, Slate, Meagher & Flom.

David is head of the firm's intellectual property litigation practice and a national lecturer on trial advocacy and IP litigation.

Pro Bono

Honors

Civic Activities

Clerkships

Presentations

• How to Take and Defend Depositions
  Minnesota CLE, Minneapolis (2012)
• Even Rocket Science is Not Rocket Science: The Utter Simplicity of a Patent Trial
  Practising Law Institute, Chicago (2011)
• How to Win Your Next Trial Using the Power Trial Method
  Massachusetts CLE, Boston (2011)
• How to Win Your Next Trial Using the Power Trial Method
  Ohio State Bar Association, Columbus (2011)
• How to Win Your Next Trial Using the Power Trial Method
  Ohio State Bar Association, Cleveland (2011)
• Patent Reform and Recent Trends in Patent Disputes: New Legislation, Court Decisions and Administrative Changes and How They Affect Business Models and Practice
  Patent Disputes 2011: New Models for A New Market, Santa Clara (2011)
• You're Killing Me: How to Prevent Your Expert Witness from Destroying Your Patent Case at Trial
  Practising Law Institute, Chicago (2011)
• IP Series: The New Patent Reform Act
  Minnesota CLE, Minneapolis (2011)
• How to Win Your Next Trial Using the Power Trial Method
  Alaska Bar Association, Anchorage (2011)
• Annual Bar Conference:  How the Great Recession has Affected the Practice of Law and Our Legal System
  South Carolina Bar Association, Trial Section, Hilton Head (2011)
• Trends in Patent Jury Trials
  AIPLA Electronic Computer Patent Law Summit, Minneapolis (2011)
• The Art of Trying Patent Jury Trials
  Federal Bar Association, Minneapolis (2011)
• How to SURVIVE Your First Trial
  Minnesota CLE, Minneapolis (2011)
• The Corporate Litigation Tool Kit
  Minnesota CLE, Minneapolis (2011)
• New Lawyer Experience:  How to Take and Defend Depositions
  Minnesota CLE, Minneapolis (2011)
• All Hands Meeting:  Inventors on Trial
  Silicon Valley Association of General Counsel, Santa Clara (2010)
• The Science, Law, and Art of Demonstrative Exhibits in Patent Cases
  Practising Law Institute, New York (2010)
• Complex Litigation Summit
  Faegre & Benson, Minneapolis (2010)
• How to Win Your Next Jury Trial
  Massachusetts CLE, Boston (2010)
• Annual Bar Conference:  How the Great Recession has Affected the Practice of Law and Our Legal System
  New Mexico Bar Association, Ruidoso (2010)
• New Lawyer Experience:  How to Approach Your Legal Career in the Era of the Great Recession
  Minnesota CLE, Minneapolis (2010)
• Corporate and Expert Depositions
  Minnesota CLE Webcasts, Minneapolis (2010)
• Advanced Patent Litigation
  Minnesota CLE, Minneapolis (2010)
• How to SURVIVE Your First Trial
  Minnesota CLE, Minneapolis (2010)
• New Lawyer Experience:  How to Take & Defend Depositions
  Minnesota CLE, Minneapolis (2010)
• How to Win Your Next Jury Trial
  Minnesota CLE, Minneapolis (2009)
• The Secret of a Good Bluff is Not to Bluff
  Practising Law Institute, New York (2009)
• How to Win Your Next Trial
  University Intra Americana Law School of Puerto Rico, San Juan (2009)
• The Secret of a Good Bluff is Not to Bluff
  Practising Law Institute, Chicago (2009)
• Midwest IP Institute:  Power IP Update
  Minnesota CLE, Minneapolis (2009)
• Midwest IP Institute:  Perfect Oral Advocacy
  Minnesota CLE, Minneapolis (2009)
• The Art of Cross Examination
  Minnesota CLE, Minneapolis (2009)
• New Lawyer Experience:  How to Take & Defend Depositions
  Minnesota CLE, Minneapolis (2009)
• Claim Construction & Proving Infringement
  Practising Law Institute, New York (2008)
• Claim Construction & Proving Infringement
  Practising Law Institute, Chicago (2008)
• The Art of Cross Examination
  Washington CLE, Seattle (2008)
• Midwest IP Institute:  Power IP Update
  Minnesota CLE, Minneapolis (2008)
• KSR Patent Wars
  Association of General Counsel, Silicon Valley (2008)
• Patent Enforcement & Defense
  Virginia CLE, Alexandria (2009)
• Litigation After KSR
  USPTO, Alexandria (2008)
• How to Win Your Next Jury Trial
  Minnesota CLE, Minneapolis (2008)
• Patent Enforcement & Defense
  Minnesota CLE, Minneapolis (2008)
• The Art of Cross Examination
  Arizona CLE, Phoenix (2008)
• How to Win Your Next Jury Trial
  Pennsylvania Bar Institute, Pittsburgh (2008)
• How to Win Your Next Jury Trial
  Pennsylvania Bar Institute, Philadelphia (2008)
• New Lawyer Experience:  How To Take & Defend Depositions
  Minnesota CLE, Minneapolis (2008)
• How to Win Your Next Jury Trial
  Tennessee CLE, Nashville (2007)
• Claim Construction and Proving Infringement
  Practising Law Institute, New York (2007)
• Claim Construction and Proving Infringement
  Practising Law Institute, Chicago (2007)
• Midwest IP Institute:  Power IP Update
  Minnesota CLE, Minneapolis (2007)
• Annual Bar Conference:  Success as a Lawyer
  New Mexico State Bar, Mescalero (2007)
• The Art of Cross Examination
  Minnesota CLE, Minneapolis (2007)
• KSR v. Teleflex
  Minnesota CLE Webcast, Minneapolis (2007)
• New Lawyer Experience:  Success as a Lawyer
  Minnesota CLE, Minneapolis (2007)
• How To Win Your Next Jury Trial
  Minnesota CLE, Minneapolis (2007)
• Annual Intellectual Property Law Conference:  Delivering Powerful Opening Statements & Closing Arguments at Trial
  American Bar Association, Arlington (2007)
• The Genuine Way to Fake an Examination
  Minnesota CLE, St. Paul (2007)
• How to Win Your Next Jury Trial
  New Mexico CLE, Albuquerque (2007)
• How To Win Your Next Jury Trial
  Arizona CLE, Phoenix (2007)
• New Lawyer Experience:  How to Take & Defend Depositions
  Minnesota CLE, (2007)
• Claim Construction & Proving Infringement
  Practising Law Institute, New York (2006)
• Claim Construction & Proving Infringement
  Practising Law Institute, Chicago (2006)
• Patent Litigation Update
  Iowa Intellectual Property Law Association, Des Moines (2006)
• Midwest IP Institute:  Power IP Update
  Minnesota CLE, Minneapolis (2006)
• Pitching the Great Idea or Even the Not So Great Idea
  Association of Continuing Legal Education, Kohala Coast (2006)
• How to Win Your Next Jury Trial
  Pennsylvania Bar Institute CLE, Pittsburgh (2006)
• Powerful Cross Examinations
  Pennsylvania Bar Institute CLE, Philadelphia (2006)
• How to Conduct Powerful Cross Examinations
  Minnesota CLE, Minneapolis (2006)
• Patent Infringement Investigations
  Minnesota CLE, Minneapolis (2006)
• New Lawyer Experience:  How to Take & Defend Depositions
  Minnesota CLE, Minneapolis (2006) 
• Raise Your Corporate Litigation IQ
  Minnesota CLE, Minneapolis (2005)
• Claim Construction and Proving Infringement
  Practising Law Institute, New York (2005)
• Understanding the Doctrine of Equivalents
  Iowa Intellectual Property Law Association, Cedar Rapids (2005)
• Midwest IP Institute:  Power IP Update
  Minnesota CLE, Minneapolis (2005)
• Patent Enforcement and Defense
  Virginia CLE, Alexandria (2005)
• The Power Trial Method Approach to a Jury Trial
  Washington CLE, Chelan (2005)
• Where Do We Now Stand on the Doctrine of Equivalents
  AIPLA, Chicago (2005)
• Where Do We Now Stand on the Doctrine of Equivalents
  AIPLA, San Francisco (2005)
• How to Take Depositions That Change the Direction of a Case
  Minnesota CLE, Minneapolis (2005)
• How to Win Your Next Jury Trial
  Minnesota CLE, Minneapolis (2005)
• How to Win Your Next Jury Trial
  New Mexico CLE, Albuquerque (2005)
• Introduction to Intellectual Proper Law
  Minnesota CLE, Minneapolis (2005)
• Smoking Gun in a Civil Trial:  Finding and Using It
  Minnesota CLE, Minneapolis (2005)
• New Lawyer Experience:  How to Take & Defend Depositions
  Minnesota CLE, Minneapolis (2005)
• Claim Construction:  The Current Structure of Legal Analysis
  Practising Law Institute CLE, New York (2004)
• How to Conduct Powerful Cross Examinations
  Minnesota CLE, Minneapolis (2004)
• Midwest Intellectual Property Institute:  Power IP Update
  Minnesota CLE, Minneapolis (2004)
• How to Win Your Next Jury Trial
  Tennessee CLE, Nashville (2004)
• How to Win Your First (or Next) Jury Trial
  Virginia CLE, Charlottesville (2004)
• Win Your First (or Next) Jury Trial
  Minnesota CLE, Minneapolis (2004)
• Advanced Patent Law Update
  Minnesota CLE, Minneapolis (2004)
• Achieving Excellence -- How to Pursue the Dream
  Association of Continuing Legal Education, San Antonio (2004)
• Mid-Winter Institute:  How to Litigate in the Digital Decade
  AIPLA, La Quinta (2004)
• Raise Your Corporate Litigation IQ
  Minnesota CLE, Minneapolis (2003)
• How to Use the Power Trial Method to Win Your First (or Next) Jury Trial
  Colorado CLE, Denver (2003)
• Establishing Trial Vision From Day One
  Minnesota CLE, Minneapolis (2003)
• Midwest Intellectual Property Institute:  Power IP Update
  Minnesota CLE, Minneapolis (2003)
• Patent Litigation Update
  Intellectual Property Organization, Washington (2003)
• Patent Enforcement and Defense
  Washington CLE, Seattle (2003)
• What a Mess!  Ten Cases You Should Read to Better Understand the Future of the Doctrine of Equivalents
  AIPLA CLE, Minneapolis (2003)
• Intellectual Property Law for In-House Counsel
  Minnesota CLE, Minneapolis (2003)
• Patent Enforcement & Defense
  Missouri CLE, St. Louis (2003)
• How to Win Your First (or Next) Jury Trial
  Minnesota CLE, Minneapolis (2003)
• How to Win Your First (or Next) Jury Trial
  Pennsylvania Bar Institute, Philadelphia (2003)
• The Evidence Factor
  Minnesota CLE, Minneapolis (2003)
• What's the Next Festo?
  American Conference Institute, Washington (2003)
• What's the Next Festo?
  American Conference Institute, San Francisco (2003)
• Advanced Patent Law
  Minnesota CLE, Minneapolis (2003)
• Basic Patent Law
  Minnesota CLE, Minneapolis (2003)
• The New Lawyer Experience:  Tricks and Traps for New Lawyers, Candid Advice for your First Years of Practice
  Minnesota CLE, Minneapolis (2003)
• Midwest Intellectual Property Institute:  CEO Crash Course on Basic IP Law
  Minnesota CLE, Minneapolis (2002)
• A Case Study in the Arbitration of an IP Licensing Dispute
  Minnesota CLE, Minneapolis (2002)
• Patents and Product Protection
  Minnesota CLE, Minneapolis (2002)
• How to Win Your First (or Next) Jury Trial
  Minnesota CLE, Minneapolis (2002)
• How to Win Your First (or Next) Jury Trial
  New Jersey CLE, New Brunswick (2002)
• Litigation Tactics, Problems & Solutions
  Minnesota CLE, Minneapolis (2002)
• New Lawyer Experience:  Real-World Ethics & Professionalism
  Minnesota CLE, Minneapolis (2002)
• How to Win Your First (or Next) Jury Trial
  Washington CLE, Seattle (2002)
• (Really) Basic Patent Law for Non-Patent Lawyers
  Minnesota CLE, Minneapolis (2001)
• Patent Enforcement and Defense:  A Guide for Patent Attorneys, Corporate Counsel, and General Litigators
  Minnesota CLE, Minneapolis (2001)
• Basic Training for Intellectual Property Litigation
  Minnesota CLE, Minneapolis (2001)
• How to Win Your First (or Next) Jury Trial
  Washington CLE, Seattle (2001)
• Raise Your Corporate Litigation IQ
  Minnesota CLE, Minneapolis (2001)
• Introduction to Intellectual Property Litigation
  Minnesota CLE, Minneapolis (2001)
• What IP Litigators Should Know About the Festo Decisions
  Federal Bar Association CLE, Minneapolis (2001)
• Leading Damages Cases in Patent Enforcement
  Minnesota CLE, Minneapolis (2001)
• How to Win Your First (or Next) Jury Trial
  Minnesota CLE, Minneapolis (2001)
• Patent Enforcement and Defense
  Minnesota CLE, Minneapolis (2001)
• Managing and Taking Corporate Discovery
  Minnesota CLE, Minneapolis (2000)
• An Overview of Intellectual Property Litigation
  University of Minnesota Law School, Minneapolis (2000)
• Taking and Defending Corporate Depositions
  Minnesota CLE, Minneapolis (2000)
• Protecting Trade Secrets
  Minnesota CLE, Minneapolis (2000)
• How to Win Your First (or Next) Jury Trial
  Minnesota CLE, St. Paul (2000)

Legal Updates

• Even Rocket Science Is Not Rocket Science: The Utter Simplicity Of A Patent Trial
  PLI Patent Litigation 2011, 1061 PLI 479 (2011)
• You're Killing Me: How to Prevent Your Expert Witness From Destroying Your Patent Case At Trial
  PLI Patent Litigation 2011, 1062 PLI 319 (2011)
• Winning Patent Litigation Casebook
  Editor, Faegre & Benson (2010)
• The Science, Law, and Art of Demonstrative Exhibits in Patent Cases
  PLI Patent Litigation 2010, 1021 PLI 397 (2010)
• The Secret of a Good Bluff is Not to Bluff: Using Trial Vision to Settle Your Patent Case
  PLI Patent Litigation 2009, 982 PLI 361 (2009) 
• Accepting the Consequences of Victory: Could a Broad Claim Construction Invalidate Your Claim on Written Description and Enablement Grounds?
  PLI  Patent Litigation 2008, 948 PLI 345 (2008) 
• Saying No to De Novo Review: The Federal Circuit Contemplates Revisiting the Appellate Standard of Review for Claim Construction
  PLI Patent Litigation 2007, 910 PLI 205 (2007)
• Wilson Sporting Goods and the Role of the Accused Product in Claim Construction
  PLI Patent Litigation 2006, 875 PLI 53 (2006)
• Claim Construction, Patent Infringement, and the Growing Importance of the Claim Vitiation Defense
  PLI Patent Litigation 2005, 841 PLI 41 (2005)
• We Have a Split Decision: Analyzing the Internal Conflicts Within the Federal Circuit on the Issue of Claim Construction
  PLI Patent Litigation 2004, 804 PLI 55 (2004)
• You Must Be Mistaken: Federal Circuit "Corrections" of District Court Claim Constructions
  PLI Patent Litigation 2003, 766 PLI 47 (2003)
• The IP Book
  Editor, Minnesota CLE (2003–2011)
• The Power Trial Method
  National Institute for Trial Advocacy (NITA)