Practice Overview

David P. Swenson chairs the Intellectual Property Appellate Practice and serves on the Diversity Committee. He is an innovative trial lawyer and appellate advocate specializing in intellectual property matters for 24 years. He has also successfully handled contract, product liability, and other civil disputes. David’s trial experience spans federal district courts nationwide, the Patent Trial & Appeal Board (PTAB), the International Trade Commission, the Federal Trade Commission, arbitration panels, and state courts. His appellate background comprises over 40 appeals before federal and state courts of appeal, including victories in the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit, and the PTAB.

Representative Experience

  • Gramm v. Deere & Co.: David convinced the U.S. Supreme Court to vacate the outcome of two Inter Partes Reviews (IPRs) adverse to our client Richard Gramm before the PTAB, won reversal on appeal by the PTAB of rejections in an ex parte reexamination, and then presented Mr. Gramm’s arguments to the PTAB panel in a new trial on remand.
  • ecoNugenics v. Bioenergy Life Science, Inc. (D. Minn. 2017-2019): Starting in December 2017, David has defended our client Bioenergy Life Science, Inc. (BLSI) by winning a dismissal of one complaint under Rule 12(b)(6), getting a second complaint stricken, and convincing the court to deny leave to file a third complaint, while also obtaining a large award of attorneys’ fees against the plaintiff.
  • Brookins v. Caterpillar Inc. (D.N.D. 2019): Won quick dismissals for Caterpillar of two patent-infringement actions filed against it in North Dakota.
  • David has represented bicycle tool maker Park Tool Company in defending its famous Park Tool Blue trademarks and trade dress, and putting a stop to infringement and confusion created by competing manufacturers.
  • T-Rex Property AB (2014-2017): Lead counsel for Swedish digital signage pioneers in several successful matters , including defeating invalidity motions based on Alice v. CLS Bank and §101, along with winning denials of multiple petitions for IPR and CBM review.
  • TiVo Inc. v. Verizon Communications Inc. (E.D. Tex.): Represented TiVo, including presenting TiVo’s Technology Tutorial & Markman arguments regarding Verizon’s patents, in DVR litigation that led to a significant settlement for TiVo in Sept. 2012.
  • Stanford v. Roche Molecular Sys., Inc., 131 S. Ct. 2188 (2011): Briefed position of American Association of University Professors, IEEE-USA, and IP Advocate as amici curiae in landmark victory interpreting the Bayh-Dole Act, which the press says “hewed closely to arguments put forward in [our brief].”
  • Extreme Networks, Inc. v. Enterasys Networks, Inc., 395 F. App’x 709 (Fed. Cir. 2010): Argued successfully for reversal of adverse claim construction and vacation of non-infringement summary judgment.
  • Imation Corp. v. Koninklijke Philips Elec. N.V., 586 F.3d 980 (Fed. Cir. 2009): Convinced the appellate court to reverse entry of judgment on the pleadings dismissing two of Imation’s key counts, and instead to order judgment for Imation on the question of whether certain entities formed or acquired later qualify as “subsidiaries” that could benefit from Imation’s patent license with Philips. Negotiated complex multi- agreement, three-party settlement to conclude worldwide litigation.
  • General Mills, Inc. v. Kraft Foods Global, Inc., 495 F.3d 1378 (Fed. Cir. 2007): Obtained affirmance of a district court decision that Kraft failed to maintain its counterclaim after General Mills filed an amended complaint, in a case of first impression before the Federal Circuit interpreting Rule 12(a)(4)(A), involving Fruit by the Foot®.
  • NCR Corp. v. Netscape (D. Del. 2001): Successfully defended Netscape in suit initially asserting 29 patents, resulting in dismissal of two-thirds of patents originally in suit and a very favorable settlement.

 


View All Related Experience

Bar Admissions
  • Minnesota
  • Illinois
  • District of Columbia
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Courts for Minnesota, N.D. Illinois, W.D. Wisconsin, North Dakota, E.D. Michigan & E.D. Texas


Education

  • University of Minnesota, Minneapolis, MN; 1994, J.D.
  • University of Minnesota, Minneapolis, MN; 1993, M.A. Public Affairs
  • Boston College, Chestnut Hill, MA; 1990, B.A. Computer Science


Judicial Clerkships

  • Judge Pauline Newman, U.S. Court of Appeals for the Federal Circuit

  • Judge Giles S. Rich, U.S. Court of Appeals for the Federal Circuit

  • Edward Parker, Minnesota Court of Appeals


Professional Associations & Memberships

  • The Ladder for America, Board of Directors, Minneapolis, MN
  • Choreo Theatro Company, Board of Directors, Brooklyn, NY
  • Minnesota Campaign Finance & Public Disclosure Board, appointed by Governor Pawlenty for 2011-2012 term