McCrackenFrank

Counsel

Primarily focused on patent prosecution, litigation, and licensing, David’s practice encompasses several areas of intellectual property law, including trademark and copyright prosecution, and related litigation. David counsels clients on a broad range of intellectual property issues, including patentability, patent validity, patent, copyright, trademark, and trade dress infringement, and patent and trademark licensing.

In the area of patent prosecution, David's practice focuses on the mechanical and electromechanical arts. He has prepared and prosecuted patent applications in the fields of aerospace, industrial-air purification, toys, software, adhesives, and medical and dental devices.

David has litigated a wide range of intellectual property cases in federal trial and appellate courts around the country. In particular, David has been involved in trademark and trade dress litigation as well as the litigation of complex and sophisticated patent infringement matters. He has litigated cases involving technology related to automatic swimming pool cleaners, kitchen appliances, laser sintering, bottling and packaging quality control equipment, electrical connectors, and computer software. David's trial experience includes being a key member of trial teams that obtained jury verdicts of infringement in patent cases in Florida and California. He also obtained a direct verdict of trademark infringement in federal court in Houston, Texas. Representative cases include:

Sunbeam Products, Inc. v. The West Bend Co. (S.D. Miss.) (alleged trademark and trade dress infringement involving kitchen appliances)

Heuft Systemtechnik GmbH v. Industrial Dynamics Co., Ltd. (C.D. Cal.) (patent infringement involving quality control equipment in the beverage packaging industry)

Document Generation Corporation v. Allscripts, LLC et al. (E.D. Tex.) (alleged patent infringement involving electronic medical records software)

Document Generation Corporation v. Allmeds, Inc. et al. (E.D. Tex.) (alleged patent infringement involving electronic medical records software)

Prompt Medical Systems, L. P. v. Allscripts Healthcare Solutions, Inc. (E.D. Tex.) (alleged patent infringement involving electronic medical records software)

Document Generation Corporation v. Allscripts, LLC et al. (S.D. Ill.) (alleged patent infringement litigation involving electronic medical records software)

DataTern, Inc. v. Eli Lilly and Co., et al. (E. D. Tex.) (alleged patent infringement involving software patents directed to the use of relational databases)

PPS Data, LLC v. Allscripts Healthcare Solutions, Inc. (M.D. Fla.) (alleged patent infringement litigation involving software used in the electronic payment of insurance claims)

With respect to the development and licensing of intellectual property, David has worked with major corporations and universities in the preparation of technology transfer agreements and sponsored research and development agreements.

In General.
David graduated in 1995 from the John Marshall Law School in Chicago. He has an engineering degree in naval architecture from the U.S. Naval Academy. Prior to practicing law, he was a pilot in the U.S. Navy, flying helicopters and jet transports. David has also worked in industry as a consulting engineer, primarily in the lube oil processing industry.

PUBLICATIONS
NBIA 19th International Conference on Business Incubation, May 2005.