Mr. Cornwell heads the CleanTechSM Industry Group and the Patent Forensics Practice Group. He is also a director in the Mechanical Group. His technological experience is primarily in the areas of energy and mechanical engineering.
Mr. Cornwell specializes in patent litigation in the fields of consumer product protection, clean energy and clean technology, biotechnology, computers and related technologies. He has numerous offensive and defensive litigation to his credit in the fields of utility patents, design patents, trade dress, unfair competition, and trade secret law, and is known for his creative litigation strategies. Mr. Cornwell has been lead counsel in over sixty patent cases and has been lead trial counsel in numerous Markman hearings and other evidentiary proceedings. He has experience before the International Trade Commission, and has been the lead attorney before the Board of Patent Appeals and Interference in complex patent interference proceedings. He has also served as an expert witness in matters focused on design patents and inequitable conduct. He is viewed as a trusted advisor to Fortune 1000 companies headquartered around the world.
Prior to joining the firm in 1987, Mr. Cornwell was Associate Patent Counsel for the University of California at Los Alamos National Laboratory, and worked as a Patent Examiner in the field of missile guidance systems. In law school, he worked as a graduate research assistant for the University of California in the field of geothermal fluid mechanics. He also performed complex three dimensional computer modeling of heat transfer systems.
Mr. Cornwell has served as a claim drafting instructor for the advanced Patent Application writing workshop sponsored by the Patent Resources Group. He was a member of the Advisory Board to the University of New Mexico-Los Alamos, the board charged with approving the budget and shaping University policy for UNM-LA.
Memberships
ITC Trial Lawyers Association
Representative Matters
Ole K. Nilssen and Geo Foundation v. Osram Sylvania - Represented Osram Sylvania in a patent infringement case. Eleven of plaintiff's patents were found unenforceable and attorney fees were awarded for our client.
Stutz Motor Car Company v. Reebok International Ltd. - Reebok was sued for patent infringement and trade secret misappropriation. The accused product was the successful The Pump™ technology. Successfully defended Reebok winning both the patent infringement and trade secret case on summary judgment.
Payless Shoe Source v. Reebok International Ltd. - Payless filed a declaration judgment action against our client, Reebok. Reebok counterclaimed for patent infringement, trade dress infringement, and trademark infringement. Reebok successfully prosecuted this case and helped establish the legal principle of "post sale confusion."
Reebok International Ltd v. J. Baker - In this case, we prosecuted a design patent infringement case on behalf of Reebok. This case is significant because Reebok successfully obtained an injunction pending appeal after the lower court denied a motion for preliminary relief.
Hockerson-Halberstadt, Inc. v. Avia Group - In this case, we successfully defended a $100 million claim of patent infringement. The Federal Circuit affirmed the lower court's finding of non-infringement.
Tailored Lighting, Inc. v. Osram Sylvania Products, Inc.(W.D.N.Y.) -- lead counsel representing Sylvania in defense of a patent lawsuit involving aftermarket automotive headlamps. In this case, the Court granted summary judgment of non-infringement and invalidity in favor of Sylvania.
Related Clients
adidas AG
Hasbro Inc.
Medtronic Inc.
Method Products, Inc.
OSRAM SYLVANIA Inc.
Reebok International Ltd.
The Rockport Company, LLC
Achievements
Leading Lawyer in Intellectual Property, Chambers USA, 2008-2011
Leading Lawyer in Intellectual Property, The Legal 500, 2008
Clean Tech Law & Business, Advisory Board Member
Publications & Press
Design Patent Case Digest: Seirus Innovative Accessories, Inc. v. Cabelaâs Inc.
04.30.12 Sterne, Kessler, Goldstein & Fox
A New Battery of Tools to Fight Patent Pollution
02.27.12 David K.S. Cornwell, Richard D. Coller, III, Green Car Congress
USPTO Announces Limited Extension of Green Technology Pilot Program
12.20.11 Sterne, Kessler, Goldstein & Fox
Design Patent Case Digest: Revision Military, Inc. v. Balboa Manufacturing Company
12.20.11 Sterne, Kessler, Goldstein & Fox
SKGF Ranked Among America's Leading Law Firms for Ninth Consecutive Year
06.15.11 Sterne, Kessler, Goldstein & Fox P.L.L.C.
Medical Device Market Report
03.31.11 PharmaLive.com
Sun Products Favorably Settles Lawsuit to Protect its Intellectual Property
12.12.10 The Sun Products Corporation
ANDA One, ANDA Too?
11.17.10 Kevin McCabe and David Cornwell, World Intellectual Property Review
PTO Extends Green Tech Pilot Program
11.15.10 Sterne, Kessler, Goldstein & Fox P.L.L.C.
Supreme Court Grants Certiorari in Global-Tech Appliances, Inc. v. SEB S.A. to Clarify Intent Necessary to Induce Patent Infringement
10.19.10 Sterne, Kessler, Goldstein & Fox P.L.L.C.
The Medical Device Rodeo: Harnessing Innovation
10.11.10 Kevin W. McCabe & David K.S. Cornwell, The National Law Review
SKGF Ranked Among America's Leading Law Firms for Eight Consecutive Years
06.17.10 Sterne, Kessler, Goldstein & Fox P.L.L.C.
Compulsory Licensing of Clean Technology- Saving the Environment or Stifling Innovation?
06.02.10 David K.S. Cornwell and Alyssa K. Sandrowitz, Sterne, Kessler, Goldstein & Fox P.L.L.C.
SKGF Scores Significant Defense Victory For Osram Sylvania
05.17.10 Sterne, Kessler, Goldstein & Fox P.L.L.C.
USPTO Announces Green Technology Pilot Program to Accelerate Deployment of Key Technology to Market
12.08.09 Sterne, Kessler, Goldstein & Fox P.L.L.C.
Promise or Peril: Assessing Impact of Compulsory Licensing Schemes on Cleantech Innovation
08.25.09 David K.S. Cornwell & Anbar F. Khal, Clean Tech Law & Business
IP Law in Sports including Right of Publicity
07.07.09 David K.S. Cornwell, Sterne, Kessler, Goldstein & Fox P.L.L.C.
A New Model for Defending a Patent Case
05.20.09 David K.S. Cornwell, World Intellectual Property Review
Patent Pollution: Clearing the Patent Landscape and Protecting Innovation Presentation
05.14.09 David K.S. Cornwell, Sterne, Kessler, Goldstein & Fox
Patent Pollution: Clearing the Patent Landscape and Protecting Innovation
05.12.09 David K.S. Cornwell & Graham C. Phero, Sterne, Kessler, Goldstein & Fox
The American Recovery and Reinvestment Act of 2009 Stimulates Clean Technology Initiatives
02.25.09 Peter A. Jackman, Sterne, Kessler, Goldstein & Fox P.L.L.C.
U.S. Design Patents Strengthened by Recent Federal Circuit Ruling
09.25.08 Sterne, Kessler, Goldstein & Fox P.L.L.C.
Chambers USA - America's Leading Lawyers for Business (2008)
07.01.08 Chambers & Partners
Sterne Kessler Ranked Among America's Leading Law Firms for Sixth Consecutive Year
06.30.08 Sterne, Kessler, Goldstein & Fox P.L.L.C.
Sterne, Kessler, Goldstein & Fox Named to the Legal 500
06.13.08 Sterne, Kessler, Goldstein & Fox P.L.L.C.
Egyptian Goddess v. Swisa: Brief of Amicus Curiae on behalf of The Intellectual Property Owners Association
02.05.08 Tracy G. Durkin & David K.S. Cornwell, Sterne, Kessler, Goldstein & Fox P.L.L.C.
Tafas v. Dudas: Brief of Amicus Curiae On Behalf Of R&D Licensing Companies on the Issue of the Impact of the Proposed USPTO Rules on Amici' Business Model
12.27.07 Mark Fox Evens, Counsel of Record, Robert G. Sterne, Kenneth C. Bass, III, Michele A. Cimbala, Jon E. Wright, David K.S. Cornwell, Sterne, Kessler, Goldstein & Fox P.L.L.C.
Q&A With Sterne Kessler's David K.S. Cornwell
10.29.07 David K.S. Cornwell, IP Law 360
How to Identify the Single Tiles of the Inequitable Conduct Mosaic
10.19.07 David K.S. Cornwell & Mark W. Rygiel, AIPLA
Child's Play
08.01.07 Eileen Figure Sandlin, Entrepreneur Magazine
Legal Brief: Clean Technology
03.05.07 David K.S. Cornwell, Washington Smart CEO
Patent Pollution - Strategies for Protecting Clean Energy Technology
08.01.06 David Cornwell and Michael Messinger, Energy Magazine
Everything Clean is Green Again
07.24.06 David K.S. Cornwell, Legal Times
Osram Sylvania Prevails in Inequitable Conduct Case Against Ole Nilssen of the Geo Foundation
06.30.06 Sterne, Kessler, Goldstein & Fox P.L.L.C.
Sterne, Kessler, Goldstein & Fox Establishes First CleanTech Industry Group
03.01.06 Sterne, Kessler, Goldstein & Fox P.L.L.C.
IP Issues in Nanotechnology - A View from Around the World
03.10.04 David Cornwell & Donald Featherstone, Sterne, Kessler, Goldstein & Fox P.L.L.C.
Monitoring the U.S. Patents of Competitors: The Willfulness Risks to the Innovator
09.29.03 Robert Greene Sterne & David K.S. Cornwell, Practising Law Institute
Willful Patent Infringement as a Barrier to Dissemination of Patent Information
11.07.02 Robert Greene Sterne & David K.S. Cornwell, The Sedona Conference on Patent Litigation
Events & Speaking Engagements
Green Technology Intellectual Property Summit
06.27.12-06.28.12
Location: Chicago, IL
IP Disputes: Patent & Trademark Enforcement, Defense, and Strategy
12.07.11
Location: Webinar
IP Contracts & Implementation Strategy: Joint Development, Licensing, and Non-Disclosure Agreements
10.05.11
Location: Webinar
Patent Protection, Trade Secrets, and Methods for International Protection
08.10.11
Location: Webinar
Intellectual Property 101: Protecting Innovation
04.13.11-02
Location: Webinar
IP Law in Sports including Right of Publicity
07.13.10
Location: Boston, MA
Clean Technology Conference & Expo 2009
05.05.09
Location: Houston, TX