Shaw, David

David J. Shaw

Partner

david.shaw@lw.com
    Shaw, David

    David J. Shaw

    Partner

    david.shaw@lw.com

    Profile

    David Shaw represents technology and life sciences clients in high-stakes patent litigation and International Trade Commission (ITC) matters.

    David draws on significant trial experience and technical knowledge to guide sophisticated clients through intellectual property disputes involving:

    • Section 337 investigations before the ITC
    • Patent litigation in US district courts and the Court of Federal Claims
    • Appeals before the Federal Circuit
    • Inter partes reviews before the Patent Trial and Appeal Board

    David has led complex patent disputes from inception through to successful trial and appeal and key business outcomes. He leads all aspects of representation, from primary responsibility for trial strategy through to case development and courtroom execution.

    David leverages his scientific background, including graduate training in tumor biology and commercial experience with pharmaceutical manufacturing, to help clients navigate enterprise-threatening matters.

    A recognized thought leader, he serves as a member of the ITC Trial Lawyers Association and an adjunct professor at The George Washington University Law School.

    Before joining Latham, David was an equity partner at another global law firm, where he focused on ITC and patent litigation. Earlier in his career, he worked as a manufacturing associate at Bristol Myers Squibb and Human Genome Sciences.

    Experience

    David’s experience includes representing:

    ITC Matters

    • OPEX Corporation in pursuing patent infringement against HC Robotics and Invata in an ITC investigation involving robotic warehouse automation solutions; examined OPEX’s infringement expert and cross-examined respondents’ technical expert and president/lead engineer; ITC found a violation and issued remedial orders against both HC Robotics and Invata; Federal Circuit affirmed*
    • Kuraray Co., Ltd. and Nagamine Manufacturing Co., Ltd. against allegations of patent infringement in an ITC investigation involving automotive emissions control devices brought by Ingevity; examined Kuraray’s lead engineer and cross-examined Ingevity’s technical and economic expert witnesses at trial; ITC found no violation by Kuraray and Nagamine based on patent invalidity; Federal Circuit affirmed*
    • 3Shape against allegations of patent infringement in three separate ITC investigations involving intraoral scanners and dental and orthodontic software brought by Align Technology; managed all aspects of the litigation, defended and took dozens of fact and expert depositions, and examined 3Shape’s VP of product strategy and economic expert witness and cross-examined Align’s CEO and CFO at all three trials*

    District Court Matters

    • GlaxoSmithKline affiliate ViiV Healthcare and Shionogi against Gilead in patent litigation related to HIV-1 treatment Biktarvy®; case settled on the eve of trial, with ViiV and Shionogi receiving a US$1.25 billion upfront payment from Gilead and a 3% royalty payment on Gilead’s future US sales of Biktarvy®*
    • A major multinational internet and computing technology company against allegations of patent infringement; won summary judgment of invalidity*
    • 3Shape as both plaintiff and defendant in 10 different patent litigations against Align Technology in the District of Delaware and Western District of Texas; managed all aspects of 3Shape’s cases, took and defended dozens of fact and expert depositions, and argued various discovery, Daubert, and dispositive motions before 3Shape secured a favorable global settlement*

    Appeal Matters

    • OPEX Corporation in defending its victory in an ITC investigation involving robotic warehouse automation solutions; led appeal briefing and presented OPEX’s oral argument*

    *Matter handled prior to joining Latham

    Qualifications

    Bar Qualification

    • District of Columbia
    • Virginia

    Education

    • JD, George Washington University Law School, 2011
    • MS, Georgetown University, 2007

    Practices

    Industries

    News & Insights