David M. Maxwell practices in the area of intellectual property litigation, primarily dispute resolution and counseling in the areas of patents, trademarks, copyrights and related business matters. Mr. Maxwell also assists clients with intellectual property enforcement, licensing and portfolio management.
A member of the American, Georgia, Atlanta and Federal Circuit bar associations, Mr. Maxwell is a 1992 graduate of Duke University School of Law and a graduate of The College of William & Mary.
Areas of Practice
· Intellectual Property Litigation
· Patent, Copyright and Trademark Disputes
· Intellectual Property Enforcement
Representative Matters
· First chair trial representation of a clinical-stage pharmaceutical company in "bet the company" litigation defending claims by two national universities that they owned the company's patents directed to complex nucleotide compounds for the treatment of Hepatitis C. The trial resulted in a decision in favor of the client. The decision enabled our client to proceed with its development efforts, which continue to produce promising results.
· Represented Fujirebio Diagnostics, Inc. in patent litigation regarding Fujirebio's technology for detecting ovarian cancers on the basis of certain biological markets in the blood or plasma of patients (HE4 market). Settled the matter on terms the client found favorable.
· Represented a clinical-stage pharmaceutical company in negotiations regarding the licensing and/or cross-licensing of its complex nucleotide compounds for the treatment of Hepatitis C to several major branded pharmaceutical companies.
· Wyeth v. Apotex Inc. and Apotex Corp., Case No. 08-022308 (S.D. Fla.). Represented the client in multistage trial of a patent infringement action regarding Apotex's ANDA to make a generic version of Wyeth's antidepressant product EFFEXOR® XR (venlafaxine hydrochloride). Prior to third stage of trial, the case resolved on terms the client found favorable.
· Represented Defendant-Appellant Electrolux, Inc. in both the trial court and at the federal circuit in defense of patent infringement allegations relating to two United States patents. During discovery obtained for Electrolux what is believed to be the largest sanction ever awarded in the Northern District of Iowa for discovery offenses by opponent. Successfully obtained summary judgment of invalidity of all claims asserted against Electrolux. Maintained the victory on appeal. Maytag Corporation v. Electrolux Home Products, Inc., U.S. District Court for the Northern District of Iowa (2006), U.S. Court of Appeals, Federal Circuit (2007).
· Represented two subsidiaries of Sealed Air Corporation accused of infringing four U.S. patents. Obtained negotiated settlement on behalf of defendants before answer was filed. Frontier Paper and Packaging, Inc. v. Reflectix, Inc., et al., U.S. District Court for the Northern District of Indiana (2007).
· Representing defendants AOL, Netscape, and CompuServe against infringement allegations by Ronald A. Katz Technology Licensing relating to 18 U.S. patents in multidistrict litigation (MDL) in the Central District of California. Ronald A. Katz Technology Licensing v. Time Warner Cable, Inc., et al., U.S. District Court for the District of Delaware; In Re Katz Interactive Call Processing Litigation, Central District of California (ongoing).
· Member of team of lawyers who successfully defended Mohawk against allegations of patent infringement. Obtained jury verdict on Mohawk's behalf after three-week trial. Jury verdict enabled client to continue to make and sell a valuable multimillion-dollar product line. Milliken & Co. v. Mohawk Industries, Inc., et al., U.S. District Court for the District of South Carolina (2004).
· Defended Cryovac, Inc. against claims of patent infringement and obtained summary judgment of patent invalidity of all claims asserted against Cryovac. Ruling enabled client to continue to be the industry leader in a profitable and growing packaging product line. Rock Tenn Company v. Cryovac, Inc., U.S. District Court for the Northern District of Georgia (2005).
· Represented Fortune 20 corporation as plaintiff in a multimillion-dollar arbitration before the American Arbitration Association. Obtained settlement client found favorable on behalf of Company on the eve of the presentation of evidence (2005).
Professional Activities
· American Bar Association
- Intellectual Property Section
-- Subcommittee on Litigation Section
· Georgia Bar Association
· Atlanta Bar Association
· Federal Circuit Bar Association
Experience
· Duane Morris LLP
- Partner, 2008-present
· Alston & Bird LLP
- Attorney, 1992-2008
· General Electric
- Financial Analyst, Treasury and Finance Department, 1986-1989