David A. Dillard

David gets results for his clients. With over 35 years of experience, he understands his clients' toughest issues and knows how to navigate through them to achieve desired outcomes.

David Dillard is a partner in Lewis Roca’s Intellectual Property Practice Group. Multinational corporations, universities, emerging entrepreneurial companies, and others rely on Dave to advise them regarding actions involving trademark, trade dress, and trade secret infringement, as well as infringement of patents involving a myriad of technologies.

Dave is highly skilled in litigation matters at the trial and appellate levels, acting as lead counsel in well over 50 cases in state and federal courts. A native of southern California, Dave is a former research chemist and inventor of five U.S. Patents related to the conditioning of polyamides and polymers for electroless plating.

Personal Approach

Dave is a persuasive and detail-oriented litigator. He believes in the concept that litigation is a team effort with the client being an important member of the team. He encourages communication with clients to make sure they understand the relevant facts and issues in order to meaningfully contribute to decisions and strategies. Dave also feels that it is important to learn about his clients, the people and the business. Dave believes the more you know about a client the more effective you can be to help them meet their needs or attain their goals. He enjoys learning about new industries and especially new technology.

Passionate about being active, Dave plays tennis and enjoys hiking, running, and coaching soccer.

More About David A. Dillard

Education

• J.D., Western State University College of Law, 1980
• M.S., Chemistry, California State Polytechnic University, 1979
• B.S., Chemistry, California State Polytechnic University, 1974

Bar Admissions

• California, 1981
• U.S. Patent and Trademark Office

Court Admissions

• U.S. District Court, Central District of California
• U.S. District Court, Northern District of California
• U.S. District Court, Southern District of California
• U.S. Court of Appeals, Ninth Circuit
• U.S. Court of Appeals, Federal Circuit
• U.S. Supreme Court
• U.S. District Court, Eastern District of Wisconsin
• U.S. District Court, District of Colorado
• U.S. District Court, District of Arizona

Community

• Los Angeles County Bar Association, Member
• American Bar Association, Member
• Federal Circuit Bar Association, Member
• Los Angeles Bar Association, Member
• Pasadena Bar Association, Member

Representative Matters

• Won jury verdicts totaling more than $9 million against two sets of defendants in a case involving patent, trademark and trade dress infringement, and unfair competition relating to the sale of massage chairs.
• Obtained a $20 million jury verdict for his client in a dispute over a trademark for health supplements which was, at the time, one of the largest trademark verdicts ever awarded.
• Lead counsel in a patent infringement case relating to grade level enclosures for underground electrical utilities, settled successfully.
• Lead counsel in trade secret action involving relay technology used in commercial aircraft; after successfully defending TRO motion, settled by dismissal with prejudice.
• Comarco Wireless Tech. v Best Buy Stores, L.P. (C.D. Cal. 2015) - Patent infringement relating to power supplies.
• Guess? Retail Inc. v. Natalie Angeles and Bonita's Guess, (C.D. Cal. 2015) - Trademark infringement.
• Blumenthal Distributing, Inc. D/B/A Office Star v. Herman Miller, Inc., (C.D. Cal. 2014) - Trade dress infringement relating to office chair designs.
• Channell Commercial Corporation v. Pencell Plastics, Inc. (C.D. Cal. 2014) - Patent infringement relating to grade level enclosures for underground electrical utilities.
• Fontem Ventures B.V., et al. v. Ballantyne Brands LLC (C.D. Cal. 2014) - Patent infringement relating to electronic cigarettes.
• Channell Commercial Corporation v. Preformed Line Products Company (C.D. Cal. 2013) - Patent infringement relating to grade level enclosures for underground electrical utilities; settled.
• e-Watch v. Arecont Vision, LLC (W.D. Tex. 2011) - Action for infringement of patent for digital camera surveillance system; case settled on favorable terms.
• Hokto Kinoko Company v. Concord Farms, Inc. (C.D. Cal. 2010) - Trademark infringement relating to grey goods (mushrooms) imported from Japan by defendant; liability of Concord Farms established on summary judgment, permanent injunction entered, affirmed on appeal; willful infringement and damages issues settled.
• Vederi, LLC v. Google, Inc. (C.D. Cal. 2010) - Action for infringement of four patents relating to systems, composite images, and methods for visual navigation of a geographic area from a user terminal; methods associated with Google's Street View are alleged to infringe, won appeal vacating judgment of noninfringement and remanding case to district court; case stayed pending reexaminations of the patents-in-suit.
• Petroplast Petrofisa Plasticos, S.A., et al. v. Ameron International Corp. (Chancery Court, Del. 2009) - Action for breach of contract and trade secret misappropriation relating to fiberglass reinforced pipe design and manufacture for water and sewer applications; five-day trial held in December 2011 resulted in complete win on all claims.
• Suntech Power Holdings Co., Ltd., et al. v. Shenzhen Xintian Solar Technology Co., Ltd. (S.D. Cal. 2008) - Trademark infringement over mark SUNTECH; judgment and injunction entered in favor of Suntech Power Holdings Co.
• American Valve, Inc. v. United Purchasing Association, et al. (D., Minn. 2008) - Patent, trademark, and copyright infringement case relating to plumbing valves; case settled.
• Vitesse Semiconductor Corporation v. Integrated Device Technology (San Jose Sup. Ct. 2008) Trade secret misappropriation of customer list for specialized semiconductor chips.
• Century Tile, Inc. d/b/a Stone & Pewter Accents, et al. v. Hirsch Glass Company, et al. (C.D. Cal. 2008) - Copyright and trade dress infringement action involving designs for glass tiles.
• Cardinal Laboratories v. Pet Botanica, Inc., (C.D. Cal. 2007) - Trademark infringement action over mark use for pet products.
• Ironclad Performance Wear Corporation v. Ergodyne (C.D. Cal. 2007) - Trade dress infringement action involving design for specialized glove.
• Human Touch, LLC (formerly Interactive Health, LLC), et al. v. KingKong USA, Inc., et al. (C.D. Cal. 2006) - Represented plaintiff in trademark, trade class, and patent infringement action related to massage chairs; three week trial before two separate juries resulted in verdicts totaling over $9.1 million in favor of plaintiff, post-trial motions for new trial and remittitur denied.
• 3M Company v. Vita Zahnfabrik H. Rauter GmbH & Co. KG, and Vident, Inc. (D. Minn. 2006) -Trademark infringement action over use of tooth designators 3M1, 3M2 and 3M3 used in creating crowns in colors matching tooth colors.
• DataTreasury Corp. v. Wells Fargo, Inc. (E.D. Tex. 2006) - Represented MagTek, Inc. (one of over 50 defendants) in patent infringement action involving check processing technology; settled, case dismissed with prejudice against MagTek.
• 3M Company and 3M Innovative Properties Company v. Vita Zahnfabrik H. Rauter GmbH & Co. KG, and Vident, Inc. (D. Minn. 2005) - Patent infringement action, concerning method for coloring translucent dental frameworks.
• Vita Zahnfabrik H. Rauter GmbH & Co. KG, Vident and Neil R. Hall v. Dentsply International, Inc. (C.D. Cal. 2004) - Patent infringement and unfair competition action involving dental porcelain materials.
• DataTreasury Corp. v. Magtek, Inc. (E.D. Tex. 2003) - Patent infringement action involving check imaging, processing, and archiving technology; settled, case dismissed with prejudice.
• California Institute of Technology v. Boulder Scientific Company (D. Col. 2002) - Patent infringement action involving catalytic methods and compositions; case settled favorably.
• BriteSmile, Inc. v. Discus Dental, Inc. (N.D. Cal. 2002) - Patent infringement action concerning in-office, light-activated teeth bleaching methods.
• Allamon & Associates v. Varco International, Inc. (S.D. Tex. 2001) - Patent infringement suit involving gripping elements (“slips”) used in off-shore drilling rigs.
• Ultradent v. Hayman, Discus Dental, et al. (C.D. Cal. 2000) - Patent infringement action concerning methods, compositions, and appliances for bleaching teeth.
• Super Health Institute, Inc. v. SuperNuLife Products, Inc. (C.D. Cal. 1996) - Trademark infringement action; $20 million jury verdict.
• Wanless v. Spectroteck Technologies, Inc. (Sup. Ct. Cal.) - Breach of contract, trade secret misappropriation relating to holographic films.
• Triple Z Postal Services, Inc. v. United Parcel Service, Inc. (San Diego Sup. Ct.) - Breach of contract, fraud, unfair competition, and other claims relating to franchise agreement.
• Boulder Scientific Company v. California Institute of Technology, (Arbitration) - Complaint for breach of contract, inducement to infringe patent; case settled favorably.
• Hydro-Aire v. Leach International Corp. (O.C. Sup. Ct. Cal.) - Trade secret action involving relay technology used in commercial aircraft; after successfully defending TRO motion, settled by dismissal with prejudice.

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