David M. Barkan

David M. Barkan is a seasoned patent litigator and Principal at Fish & Richardson, based in their Silicon Valley office. His practice is primarily focused on complex, high-technology patent disputes, encompassing a broad range of computer and network technologies, including computer graphics, programming theory and language, networking protocols and security, semiconductor processing, analog and digital semiconductor devices, distributed systems, storage devices, and telecommunications, including standard essential patents (SEPs). He is recognized for guiding companies through competitor-to-competitor litigation and crafting strategies to achieve client business goals.

With a notable inclination toward defense, Mr. Barkan has represented defendants in three out of his four tracked appearances, including leading the defense for Ecobee, Inc. in IOT Innovations LLC v. Ecobee, Inc. and Apple Inc. in VB ASSETS, LLC v. Apple Inc.. His experience includes successfully securing defense judgments for clients in numerous district court and International Trade Commission (ITC) actions. He also has experience prosecuting for patent holders, as seen in his role as trial counsel for Intellectual Ventures I LLC v. Symantec Corporation et al.

Throughout his career at Fish & Richardson, Mr. Barkan has handled over 100 cases, often serving as lead counsel in semiconductor and software patent cases. Among his notable achievements, he defended Adobe Systems Inc. against Quantel Limited in a computer graphics software patent infringement case, where a jury found all five patents invalid, not infringed, and unenforceable—a verdict recognized by The National Law Journal as one of the Top 15 Defense Verdicts for 1997. He also successfully obtained a noninfringement judgment for a private software company and, in another instance, secured a $32.5 million settlement on the eve of trial for a major automotive component supplier asserting turbocharger patents. Mr. Barkan's experience extends to proceedings before the U.S. Patent and Trademark Office, where he has discussed strategies related to parallel reexamination proceedings. He previously served as the firm's nationwide head of litigation from 2001-2006.

Mr. Barkan earned his J.D., Order of the Coif, from the University of California, Berkeley School of Law in 1992, and an A.B. magna cum laude in Government from Harvard University in 1987. He is admitted to practice in California and Massachusetts, as well as before the U.S. Court of Appeals for the Federal, Fourth, and Ninth Circuits, and several U.S. District Courts.