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Contact Information

david.gross​@FaegreBD.com

1950 University Avenue
Suite 450
East Palo Alto, California 94303

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

David J.F. Gross

Partner

David Gross is a trial lawyer in the firm’s Silicon Valley office. David is a national speaker on advocacy and the co-author of the NITA trial practice book, The Power Trial Method. 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.

David is a leader in the emerging field of legal design, which incorporates design principles to address challenges facing participants and advocates in our legal system. David serves as an Advisory Board Member for Stanford’s Center on the Legal Profession and helps coordinate our firm’s activities as an official Partner with the Center’s Legal Design Lab.

David's representative trials include:

  • Winning two separate administrative trials for Seagate Technology in proceedings held before the PTAB in Seagate Technology v. Enova Technology (PTAB 2015-16), in which the PTAB invalidated all claims in two patents relating to encryption/decryption of data storage devices and cryptographic Serial Advanced Technology Attachment (SATA).
  • 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. 
  • 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. 
  • 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.

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.

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.

Honors

  • BTI Consulting Group — BTI Client Service All-Star, 2016
  • Intellectual Asset Management (IAM) 250: The World's Leading Patent Litigators, 2016
  • The Best Lawyers in America — Patent Litigation, 2013-17
  • Managing IP — IP Star, 2017
  • Benchmark Litigation — Intellectual Property, 2017
  • National Law Journal — Top 10 Winning Litigators, 2009
  • The American Lawyer — Litigation's Rising Stars, 2008

Civic Activities

  • Stanford Law School's Center on the Legal Profession — Advisory Board Member
  • Stanford Law School's Introduction to Legal Design Course — Participant
  • Stanford Law School's Legal Design Lab — Official Partner

Clerkships

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

Presentations

  • Winning Trials With the Power Trial Method
    Albuquerque, Anchorage, Boston, Cleveland, Columbus, Denver, Minneapolis, Nashville, Oklahoma City, Pittsburgh, Philadelphia, Seattle, others, 2000-17
  • The Lost Art of Cross Examination
    Alaska Annual Bar Convention, Juneau, 2017
  • Delivering an Effective Opening Statement in Plaintiff Cases (Plaintiff v. Defendant)
    Patent Litigation 2017: Practising Law Institute, Chicago, 2017
  • A Whirlwind Tour of Everything You Need to Know to Win Your Trial in Federal Court
    CLE Webinar, 2017

Published Articles

  • Winning Patent Litigation Casebook (4th Edition)
    Faegre Baker Daniels, 2016
  • The Power Trial Method (2nd Edition)
    National Institute of Trial Advocacy, 2014

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