David Lisson
Experienced trial lawyer representing established and emerging technology companies in high-stakes IP litigation.
David is an accomplished IP trial lawyer who established and emerging technology companies rely on in their highest-stakes disputes.
David has tried cases in courts nationwide and in the International Trade Commission. He has secured jury verdicts and substantial settlements on behalf of plaintiff clients, and has won pre- and post-trial judgments on behalf of defendant clients. David also handles appellate proceedings, and works closely with clients to resolve business-critical IP matters outside the courtroom.
David has been recognized by Chambers USA, IAM Patent 1000 and other publications. In Chambers, clients describe him as a “terrific lawyer,” “great counselor,” and “very, very good strategic thinker.” In IAM Patent 1000, peers noted that he is “simply amazing at plotting trial strategy from beginning to end. In the biggest litigations, his command of so many facts and issues is unrivalled.”
David serves on the Board of Directors of Open Door Legal in San Francisco.
Experience highlights
- Comcast in a patent infringement case initiated by WhereverTV, Inc. in the Middle District of Florida related to Comcast’s X1 interactive guide
- Magnolia Medical Technologies in a patent litigation case in the District of Delaware against Magnolia’s sole competitor in the field of Initial Specimen Diversion Devices
- Comcast in numerous patent litigations initiated by Rovi Corporation and its affiliates (now part of Xperi) in which Rovi asserted 37 patents in multiple federal district courts, the International Trade Commission, the Federal Circuit, and the U.S. Supreme Court including:
- Obtained findings of no violation, voluntary termination, or clearance of design-arounds of 19 patents by the International Trade Commission
- Secured transfer from the Eastern District of Texas to the Southern District of New York and then pre-trial dismissal or summary judgment on 7 patents
- Obtained Rule 36 affirmance of patent invalidity in the Federal Circuit
- Comcast in patent infringement lawsuits against Sprint Communications, encompassing over 30 patents asserted in federal courts across the country including:
- Obtained a jury verdict finding that Sprint infringed three Comcast patents in the District of Delaware, which the Federal Circuit affirmed
- Secured a complete victory in the District of Delaware through summary judgment as to certain Sprint patents and judgment as a matter of law as to others, which the Federal Circuit summarily affirmed
- Resolved dispute in the District of Kansas, in which Sprint sought close to $1 billion in damages
- Transcend Medical, Inc. in a patent case against its sole competitor in the field of Micro-Invasive Glaucoma Surgery, in which Transcend obtained summary judgment of non-infringement on all asserted claims and invalidity as to eight of the asserted claims on indefiniteness grounds
- VNUS Medical Technologies in patent infringement litigation in connection with minimally invasive surgical procedures to treat venous reflux disease in which VNUS secured a $45 million jury verdict in its favor
- Yahoo! Inc. in patent suit brought by Xerox Corp. concerning targeted search methodologies in which Yahoo! obtained a very favorable pre-trial settlement
- Prominent international law firm in high-profile malpractice action in California state court
- Playtex Products in a false advertising case against Procter & Gamble in connection with a new line of Procter & Gamble products
Insights
News
Credentials
Recognition
Chambers USA – Intellectual Property: Patent Litigation, California
IAM Patent 1000 – California
Managing IP – National and California, Notable Practitioner
Education
- Bronze Medal
- cum laude
Clerkships
Professional history
- Partner, 2017-present
- Counsel, 2014-2017
- Davis Polk since 2007
Qualifications and admissions
- State of California
- U.S. Court of Appeals, Federal Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, C.D. California
- U.S. District Court, E.D. Texas
- U.S. District Court, N.D. California
- U.S. District Court, S.D. California