about the firm
His intellectual property practice has addressed disputes involving patents, trademarks, copyrights, and trade secrets. Additionally, he has handled a diverse array of commercial litigation matters, including disputes concerning the following areas: breach of contract, non-competition clauses, confidentiality and non-disclosure agreements, unfair competition, tortious interference, ERISA claims, products liability claims, oil and gas disputes, and OSHA investigations, among others. Mr. Clark has also previously worked as a consultant supporting the testimony of damages experts relating to intellectual property cases.
Within his experience as a litigator, David has handled cases in state and federal court. He is currently admitted to practice before all state courts in Texas and federal courts in the Southern District of Texas, the Eastern District of Texas and the Fifth Circuit Court of Appeals.
Mr. Clark is registered to practice before the United States Patent and Trademark Office (USPTO). He has substantial experience with the licensing, registration, and enforcement of copyrights and trademarks. He has also handled multiple disputes before the Trademark Trial and Appeal Board (TTAB), including trademark oppositions and cancellation proceedings. Mr. Clark also has recently been awarded recognition as a Certified Licensing Professional by the Licensing Executive Society (LES).
David is a member of the Houston Bar Association - including the Entertainment & Sports Law subsection, the Consumer & Commercial Law subsection, and the Litigation subsection of the HBA. He is also a member of the Fort Bend County Bar Association and the Houston Intellectual Property Law Association (HIPLA).
I believe that the fast-paced and dynamic nature of today's legal system requires a proactive approach to all of my clients' legal needs. In my experience, attorneys that are reactive and without a long-term strategy for their clients tend to be inefficient. I find this to be a disservice. Clients demand not only competent legal services but also a professional approach while providing those services. This requires an attorney's effort and attention.
Due to these experiences, I place significant value on working with clients from the outset to understand not only their immediate legal needs, but to also understand their long-term goals and expectations. This allows me to provide a comprehensive legal strategy on their behalf, while also allowing me to formulate a fully-realized strategy for handling future legal needs and overcome potential obstacles.
WE DELIVER EXCEPTIONAL LEGAL SERVICES TO INDIVIDUALS AND CORPORATE CLIENTS BY COMBINING LEGAL TRADITIONS WITH MODERN TECHNOLOGICAL APPROACHES.
The firm strives to achieve satisfaction for all of its clients by handling complex and sophisticated legal matters ethically, efficiently, and competently ♦ Being responsive, accessible, and professional to all clients, colleagues, counsel, and the Courts ♦ Maintaining legal expertise while continuing to improve legal knowledge in all areas.
Working to be a leader in handling, anticipating and interpreting legal issues in the State of Texas.
(J.D. - May 2002)
SMU LAW REVIEW ASSOCIATION (2000-2002)
(LL.M. - Intellectual Property and Information Law - May 2004)
Thesis: "A Square Peg in a Round Hole: Applying the Sony Doctrine to Digital Copyrights"
(B.S. - Applied Mathematics - May 1999, cum laude)
Prior Professional Experience
The Elliott Law Firm, PLLC
Duff & Phelps, LLC
Kelly, Sutter & Kendrick, P.C.
Wall & Tong, PC
Patterson & Sheridan, LLP
Presentations and Publications
The Use of Surveys for U.S. Patent Litigation, CLE presentation given to various law firms, October 2013
(co-presenter with Lynne Weber, Managing Director at Duff & Phelps)
Evolving Principles for Calculating Patent Damages, CLE paper and presentation before the New York Law Journal, July 2013
(presentation given in New York on July 24, 2013)
E-Discovery: How to Produce Electronic Data under the New Rules, CLE paper and presentation for the National Business Institute
(presentation given August 17, 2007)
"BlackBerry still on life support as legal battle continues to rage," Houston Business Journal, Week of February 10-16, 2006 (co-author)
2003 BakerBotts Award for Best Intellectual Property Paper (Winner):
RIAA v. Internet File-Sharing: What are the Legal Implications of Suing Your Potential Customers
2001 Nathan Burkan Copyright Competition (Winner)
Digital Millennium Copyright Act: Is the Judicial System Ill-Equipped to Protect Copyrights on the Internet?
(Published in the SMU Computer Law Review and Technology Journal - Winter 2002)