David W. Higer

Partner
david.higer dbr.com
Phone: (312) 569-1115 (312) 569-1115

About

David W. Higer is an experienced trial lawyer with a national federal court practice focusing on all areas of intellectual property law, including related commercial disputes, across a wide array of technologies. Dave has built a career on the ability to simplify the highly complex technical and legal issues in these cases to the key issues a judge or jury needs to understand to resolve them in his clients’ favor. Specific to patents, he has tried cases before federal district courts, the International Trade Commission, and arbitration tribunals. Dave also actively practices before the U.S. Court of Appeals for the Federal Circuit and the Patent Trial and Appeal Board. He acts as lead counsel both in crafting litigation strategy and in representing clients at trial. Dave has worked with clients in a wide range of industries, handling patent cases involving databases, digital imaging technology (both hardware and software), embedded systems, encryption, gaming technology, medical devices, optics, semiconductor technology, standard-essential patents, and telecommunications (both hardware and software).

Dave also has significant district court and appellate experience in copyright matters, including architectural, pictorial, graphic and sculptural, and literary work copyrights. He advises clients on obtaining copyrights, pre-litigation resolution, alternative dispute resolution, and risk assessment. He has also litigated complex issues related to international copyright law.

His appellate practice includes patent-related appeals before the Federal Circuit Court of Appeals, a copyright appeal before the U.S. Court of Appeals for the Eleventh Circuit, and two amicus curiae briefs filed in the United States Supreme Court.

Experience

  • PTAB Bar Association Boot Camp: Nuts and Bolts of Proceedings Before the PTAB, 2nd Annual PTAB Bar Association Annual Conference l March 2018
  • PTAB Bar Association Boot Camp: The “What,” “Who,” and “When” of Post-Grant Trials and PTO Appeal Practice, Inaugural PTAB Bar Association Annual Conference l March 2017
  • PTAB Practice and Strategy: A Trial Attorney’s Perspective, 22nd Annual Technology & Law Seminar l May 2015
  • USPTO Post-Grant Review Proceedings: Lessons Learned, Questions Pending and Strategic Considerations, 21st Annual Technology & Law Seminar l May 2014
  • Lessons Learned/Questions Pending: USPTO Post-Grant Review Proceedings -- Trial Lawyer’s Perspective, Chicago Bar Association Young Lawyers Section, Intellectual Property l April 2014
  • Pro Bono Copyright Representations and Common Issues, DePaul University College of Law l March 2011
  • "Trial Lawyer’s Guide to Post Grant Patent Proceedings," LexisNexis IP Law & Strategy Series (2017)
  • "April Showers Bring Supreme Court Flowers: What’s Next for the PTAB After Oil States and SAS," Intell. Prop. Mag. 51-54 (June 2018)
  • "A Bridge Too Far? Limits in PTAB Trials for Oral Argument and Demonstratives," The Patent Lawyer (Feb. 2016)
  • "Supplemental Examination—Where’s The Love," Intell. Prop. Mag. 35–36 (Nov. 2015)
  • "Join the Fray," Intell. Prop. Mag. 67–69 (Apr. 2015)
  • "Reissue Proceedings: Another Twist in the Tale of AIA Post-Grant Review," Intell. Prop. Mag. 36–37 (Mar. 2015)
  • "Reissue Proceedings: Another Twist in the Tale of AIA Post Grant Review," NYIPLA Bulletin 26–27 (Feb.–Mar. 2015)
  • "Definitely, Maybe," The Patent Lawyer 21–23 (Jan.–Feb. 2015)
  • "A Tale of Two Claim Constructions – When the Patent Expires During an AIA Review," NYIPLA Bulletin 8–9 (Dec. 2014–Jan. 2015)
  • "High Octane!," The Patent Lawyer 21–23 (Dec. 2014)
  • "An Appeal-ing Proposition: Federal Circuit Standards of Review for Decisions of the Patent Trial and Appeal Board," NYIPLA Bulletin 19–23 (Oct.–Nov. 2014)
  • "The Price of a Stay: Prior Art Estoppel," Intell. Prop. Mag. 61–64 (Oct. 2014)
  • "An Appeal-ing Proposition," The Patent Lawyer 35–39 (Sept.–Oct. 2014)
  • "Down the Rabbit Hole," The Patent Lawyer 19–21 (Sept.–Oct. 2014)
  • "Muniauction has a Moment in the Limelight," The Patent Lawyer 25–27 (Sept. 2014)
  • "A New Indefinite Test," The Patent Lawyer 45–47 (Sept. 2014)
  • "Sticker Shock: Prior Art Estoppel of Non-IPR Petitioners in District Court Stay Requests," NYIPLA Bulletin 16–19 (Aug.–Sept. 2014)
  • "The U.S. Supreme Court Clarifies “Exceptional” Cases under 35 U.S.C. § 285 and the Appellate Standard of Review," 26 No. 8 IPTLJ 20 (Aug. 2014)
  • "Motion to Amend: Focus on Detail or Face Denial," Intell. Prop. Mag. 67–70 (July–Aug. 2014)
  • "An Appeal-ing Proposition: Federal Circuit Standards of Review for Decisions of the Patent Trial and Appeal Board," IPO L. J. (July 2014)
  • "Gaining the Benefit of an Earlier-Filed Inter Partes Review by Applying the IPR Joinder Provisions Under the America Invents Act," NYIPLA Bulletin 1, 4–6 (Apr. 2014–May 2014)
  • "Parallel Proceedings: Stays of Parallel Related Patent Office Proceedings in View of a Later-Filed Inter Partes Review," The Patent Lawyer 25–29 (Apr. 2014)
  • "Lighting Rod: Supreme Court Likely," Intell. Prop. Mag. 72–74 (Apr. 2014)
  • "Survey of U.S. Court Decisions to Stay Part 3: Where Stays Were Denied," Intell. Prop. Mag. 47–49 (Apr. 2014)
  • "Survey of U.S. Court Decisions to Stay Part 2: Where Stays Were Granted," Intell. Prop. Mag. 37–40 (Mar. 2014)
  • "Survey of U.S. District Court Decisions Addressing Requests to Stay a Case Pending Resolution of an Inter Partes Review (Part 1)," Intell. Prop. Mag. 46–48 (Feb. 2014)
  • "Survey of U.S. District Court Decisions Addressing Requests to Stay a Case Pending Resolution of an Inter Partes Review," NYIPLA Bulletin 24–27 (Dec. 2013–Jan. 2014)
  • "Questions Remain Over Identifying ‘Real’ Parties-in-Interest," Intell. Prop. Mag. 56–59 (Oct. 2013)
  • "Are Patent Rights Headed to the Races?," Chicago Lawyer, Intellectual Property Section (June 2011)
  • "The 10 Deadly Sins: A Law with Unintended Consequences," 96 Tax Notes 871 (Aug. 5, 2002); 2002 TNT 151-39.

Credentials

Bar Admissions

  • Idaho
  • Illinois
  • U.S. Patent and Trademark Office

Education

  • Gonzaga University School of Law, J.D., 2004, summa cum laude, Associate Editor - Gonzaga Law Review
  • University of Washington, B.S., Civil Engineering, 1995

Court Admissions

  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Northern District of Illinois, Trial Bar

Organizations

  • PTAB Bar Association, Treasurer and Director (September 2016 to present)
  • Linn Inn (2016 to present)
  • Intellectual Property Owners Association, U.S. Patent Law Committee (2012 to present)
  • Center for Conflict Resolution, Certified Mediator (2015 to present)