David Kowalski is an associate in the San Diego office and a member of the firm's Litigation & Trial Department. He is a trial lawyer with extensive experience with all types of complex commercial litigation with an emphasis on intellectual property litigation.

Mr. Kowalski represents and advises clients through trial on a variety of complex litigation matters, including patent, trade secret, white collar, unfair competition, fraud, contractual disputes, trademark, and copyright.

Mr. Kowalski has worked with clients in a diverse range of technology sectors and various industries, including:

  • Medical devices
  • Financial institutions
  • Pharmaceuticals
  • Internet and digital media
  • Biotechnology and diagnostics
  • Fitness technology
  • Additive manufacturing
  • Audio and voice technology
  • Software
  • Ion processing and mass spectrometry
  • Information technology
  • Automotive

Mr. Kowalski maintains an active pro bono practice, and has represented multiple victims of domestic violence in immigration matters under the Violence Against Women Act.

Mr. Kowalski is active in a number of local and national intellectual property and litigation-related organizations, including the American Inns of Court and the Federal Bar Association.

Mr. Kowalski’s experience includes representing:

  • Peloton in multiple federal actions against competitors alleging patent and other intellectual property infringement
  • Hyosung in multiple disputes with competitor Diebold relating to advanced automated teller machine technology
  • Symantec Corp. in patent litigation involving software technology
  • Waters Corporation in patent litigation involving ion processing and mass spectrometry technology
  • A major electronics manufacturer in patent litigation involving audio codec technology
  • Multiple large companies and senior executives in internal and white collar investigations
  • Major pharmaceutical companies, including Mallinckrodt Pharmaceuticals and Cadence Pharmaceuticals, in Hatch-Waxman patent litigations
  • A major digital advertising company in complex business litigation
  • A major therapeutics manufacturer in complex business litigation
  • Actifio, Inc. in patent litigation involving data management technology
  • A10 Networks, Inc. in patent litigation involving networking technology
  • A major biotechnology company in patent litigation involving molecular diagnostic technology
  • Blue Tee Corp. in patent litigation involving shipping technology
  • The Ansel Adams Publishing Rights Trust in nationally publicized trademark-related litigation involving photographic negatives
  • Trion Worlds, Inc. in trademark-related litigation involving online roleplaying video games

Bar Qualification

  • California

Education

  • JD, University of Michigan Law School, 2009
    magna cum laude, Michigan Law Review, Order of the Coif
  • BA, Yale University, 2005
    With Distinction
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September 21, 2016 Our Work

CrossFit Gets Rival's Injury Data Declared False In Ad Row

A National Strength and Conditioning Association article criticizing the exercise program of Latham client, CrossFit, contained false data on injuries among CrossFit practitioners, a California federal judge ruled in a false advertising lawsuit against the nonprofit.