David Gross is a trial lawyer. In 2013, David moved to California, passed the California Bar Exam, and helped the firm open its new Silicon Valley office.
In 2007, David's winning trial record led the American Lawyer to name him one of the top 50 litigators in the United States under the age of 45. In 2008, the National Law Journal recognized David's complete defense jury verdict in a patent infringement jury trial in Orange County, California, as one of the top 10 trial victories in the United States. The Minnesota Lawyer has thrice named David an "Attorney of the Year" based on trial victories in 2003, 2008 and 2011, and David is one of only a handful of lawyers who has been named to Minnesota Lawyer's "Circle of Excellence" based on his winning trial record.
David's representative trials include:
- Winning a jury verdict for Coloplast against a start-up competitor in Coloplast v. Generic Medical Device Company (W.D. Wash. 2012), a patent infringement jury trial in Tacoma, Washington, involving a surgical method for treating stress urinary incontinence. Following the jury verdict, the Court entered an injunction prohibiting the start-up company from distributing infringing products. The company ceased all business operations within 90 days of the verdict.
- Winning a defense jury verdict for Benchmark Electronics in Power Paper v. Benchmark Electronics (D. Minn. 2011), a $20 million breach-of-contract jury trial involving patented, ultra-thin battery technology. The trial victory led Minnesota Lawyer to name David an "Attorney of the Year" for 2011.
- Winning a defense jury verdict of anticipation and obviousness for Seagate Technology in Siemens v. Seagate Technology (C.D. Cal. 2008), a patent infringement jury trial in Orange County, California, involving the world's leading hard disc drive technology. The trial victory was reported in IP Law360 and led the National Law Journal to name David one of the Top Ten Winning Litigators for 2008.
- Winning a $6.75 million jury verdict for a former 3M business in Global Traffic v. Tomar Electronics (D. Minn. 2008), a patent infringement jury trial involving the world's leading traffic preemption technology. The trial victory led Minnesota Lawyer to name David an Attorney of the Year for 2008.
- Winning a trial and permanent injunction for Wyeth (now Pfizer) in Wyeth v. Natural Biologics (D. Minn. 2003), a trade secret misappropriation trial involving the billion-dollar drug Premarin. The trial victory was reported by the National Law Journal and led the Minnesota Lawyer to name David an Attorney of the Year for 2003.
In addition to his jury trial experience, David has worked on post-grant review (PGR) proceedings before the U.S. Patent and Trademark Office and successfully argued several appeals before the United States Court of Appeals for the Federal Circuit.
David's representative oral arguments include:
- In Ivera Medical Corporation v. Hospira (Fed. Cir. 2015), our firm took over a patent case for the appellant, Ivera Medical Corporation, shortly before oral argument, and David argued on behalf of Ivera Medical Corporation. The Federal Circuit reversed the district court's summary judgment order of invalidity and remanded the case for trial. The patent asserted by Ivera Medical Corporation involved a passive disinfection device that locks onto and disinfects needleless IV ports.
- In Middleton v. 3M (Fed. Cir. 2013), David argued before the Federal Circuit on behalf of 3M. The Federal Circuit affirmed the district court's dismissal for lack of standing of a patent case against 3M that had been pending for several years. The patent asserted against 3M involved floor-finishing materials.
- In TimeBase v. Thomson Reuters (Fed. Cir. 2012), David argued before the Federal Circuit on behalf of Thomson Reuters. The Federal Circuit affirmed the district court's summary judgment order of non-infringement. The patents asserted against Thomson Reuters involved multidimensional database technology.
- In Rembrandt v. Seagate Technology (Fed. Cir. 2012), David argued before the Federal Circuit on behalf of Seagate Technology. The Federal Circuit affirmed the district court's summary judgment order of non-infringement. The patent asserted against Seagate Technology involved coils used in thin-film recording heads.
David is a co-author of NITA's The Power Trial Method and the casebook Winning Patent Litigation. He is a national lecturer on trial advocacy and IP litigation.
Prior to joining 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 a member of the firm's Management Board.
- Hurricane Katrina Evacuees National Report — Lead Attorney
BTI Consulting Group — BTI Client Service All-Star, 2014
Intellectual Asset Management (IAM )1000: The World's Leading Patent Practitioners, 2012-15
Intellectual Asset Management (IAM) 250: The World's Leading Patent Litigators, 2011
- National Law Journal — Top 10 Winning Litigators, 2009
- Minnesota Lawyer — Attorney of the Year, 2003 and 2008
- The American Lawyer — Litigation's Rising Stars, 2008
- California Super Lawyers — Intellectual Property Litigation, 2014
- Minnesota Super Lawyers — Intellectual Property Litigation, 2005-15
- Chambers USA: America's Leading Lawyers for Business — Litigation: IP, 2005-13
- The Best Lawyers in America — Intellectual Property Law, 2008-13; Patent Litigation, 2013-16
- Benchmark Litigation — Intellectual Property, 2013-14
- Managing IP — IP Star, 2013-14
- William Mitchell Law School — IP Institute Advisory Board
- University of Minnesota Law School — Adjunct Professor
- U.S. Court of Appeals, First Circuit, Hon. Levin H. Campbell, 1990
- Winning Trials With the Power Trial Method
Various CLE organizations, Albuquerque, Anchorage, Boston, Cleveland, Columbus, Denver, Minneapolis, Nashville, Pittsburgh, Philadelphia, Seattle, others, 2000-15
- Patent Trial Best Practices: Judge and Bar Perspective
Panelist, Patent Disputes Forum 2014, Santa Clara, December 2014
- Keynote Interview of IBM: A Balanced Approach to IP
The IP Strategy Summit: Enforcement, Palo Alto, June 2014
- Discussion With Two "Googlers" About IP and Big Data
Midwest IP Institute, Minneapolis, September 2014
- Dealing With Experts, Including Rule 26 Employee Experts
Patent Litigation 2014, Practising Law Institute, Chicago, October 2014
- The IP Book
Editor, Minnesota CLE, 2003-14
- The Power Trial Method (2nd Edition)
National Institute of Trial Advocacy, 2014
- Winning Patent Litigation Casebook (3rd Edition)
Faegre Baker Daniels, 2013