Contact Information

david.gross@FaegreBD.com1950 University Avenue
Suite 450
East Palo Alto, California 94303
T: +1 650 324 6704
F: +1 650 324 6701

Education

Harvard Law School
J.D., magna cum laude (1989)
University of Minnesota
B.A., summa cum laude (1985)

Bar Admissions

California Minnesota

Court Admissions

U.S. Court of Appeals for the Eighth Circuit U.S. Court of Appeals for the Federal Circuit U.S. District Court for the Central District of California U.S. District Court for the District of Minnesota U.S. District Court for the Northern District of California U.S. District Court for the Southern District of California U.S. Supreme Court

David J.F. Gross

Partner

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 has been recognized as a top IP trial lawyer by Best Lawyers in America, Benchmark Litigators, Chambers USA, IP Law & Business and Super Lawyers. He has also been named by Intellectual Asset Management (IAM) as one of the World's Leading Patent Litigators and one of the World's Leading Patent Practitioners.

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 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.

Pro Bono

  • Hurricane Katrina Evacuees National Report — Lead Attorney

Honors

  • BTI Consulting Group — BTI Client Service All-Star, 2014
  • Intellectual Asset Management (IAM )1000: The World's Leading Patent Practitioners, 2012-14
  • Intellectual Asset Management (IAM) 250: The World's Leading Patent Litigators, 2011
  • National Law Journal — Top 10 Winning Litigators, 2009
  • Minnesota Lawyer — Named an Attorney of the Year, 2003 and 2008
  • The American Lawyer — Litigation's Rising Stars, 2008
  • Minnesota Super Lawyers — Intellectual Property Litigation, 2005-14
  • Minnesota Super Lawyers — Top 100 Lawyers
  • 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
  • Benchmark Litigation — Intellectual Property, 2013-14 
  • Managing IP — IP Star, 2013-14
  • New Mexico State Bar National Speaker Award, 2007

Civic Activities

  • William Mitchell Law School — IP Institute Advisory Board
  • University of Minnesota Law School — Adjunct Professor
  • University of Minnesota College of Liberal Arts Alumni Society — Past President  
  • University of Minnesota Career Guidance Programs — Lecturer

Clerkships

  • U.S. Court of Appeals, First Circuit, Hon. Levin H. Campbell, 1990

Presentations

  • Keynote Interview: A Balanced Approach to IP Enforcement
    The IP Strategy Summit: Enforcement, Palo Alto, June 2014
  • You're Still Killing Me: How to Prevent Your Expert Witness from Destroying Your Patent Case at Trial
    Practising Law Institute, New York, 2013
  • Patent Markets Evolution: The Buying, Selling and Brokering of Patent Assets
    Panel Moderator, ABA Annual Meeting, San Francisco, 2013
  • Keynote Address
    Minnesota CLE, Minneapolis, 2013
  • How to SURVIVE Your First Trial
    Minnesota CLE, Minneapolis, 2013
  • The 75 Keys to Winning Your Next Patent Case
    Minnesota CLE, Minneapolis, 2013
  • How to Select a Jury and How to Craft Jury Instructions
    Minnesota CLE, Minneapolis, 2013
  • How to Win Your Next Jury Trial Using the Power Trial Method
    Massachusetts CLE, Boston, 2013
  • AIPLA 2012 Mid-Winter Program
    Las Vegas, 2012
  • Patent Enforcement and Defense
    Minnesota CLE, Minneapolis, 2012
  • 2012 Patent Disputes Conference
    Santa Clara, 2012
  • Winning Trials with the Power Trial Method
    Ohio State Bar Association, Columbus, 2012
  • Winning Trials with the Power Trial Method
    Ohio State Bar Association, Cleveland, 2012
  • You're Killing Me: How to Prevent Your Expert Witness from Destroying Your Patent Case at Trial
    Practising Law Institute, New York, 2012
  • Before the Trial: Factors that Determine What Gets to Trial in a Patent Case
    Practising Law Institute, Chicago, 2012
  • How to Win Your Next Trial Using the Power Trial Method
    Massachusetts CLE, Boston, 2012
  • How to SURVIVE Your First Trial
    Minnesota CLE, Minneapolis, 2012
  • 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 and Defend Depositions
    Minnesota CLE, Minneapolis, 2009
  • Claim Construction and Proving Infringement
    Practising Law Institute, New York, 2008
  • Claim Construction and 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 and Defense
    Virginia CLE, Alexandria, 2009
  • Litigation After KSR
    USPTO, Alexandria, 2008
  • How to Win Your Next Jury Trial
    Minnesota CLE, Minneapolis, 2008
  • Patent Enforcement and 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 and 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 and 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 and Defend Depositions
    Minnesota CLE,, 2007
  • Claim Construction and Proving Infringement
    Practising Law Institute, New York, 2006
  • Claim Construction and 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 and 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 Property 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 and 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 and 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 and Solutions
    Minnesota CLE, Minneapolis, 2002
  • New Lawyer Experience: Real-World Ethics and 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

Published Articles

  • Winning Before Trial: How to Select the Right Forum for Your Patent Case
    PLI Patent Litigation 2012, G1105 PLI 355, 2012
  • Winning Patent Litigation Casebook, 3rd Edition
    Faegre Baker Daniels, 2013
  • The IP Book
    Editor, Minnesota CLE, 2003-13
  • 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 Power Trial Method
    National Institute for Trial Advocacy, (NITA)