David W. Higer

Partner

Overview

David Higer is an experienced trial lawyer with a national federal court practice embracing all areas of intellectual property law and related commercial disputes across numerous technologies. Dave has built a career on the ability to synthesize the highly complex technical and legal issues in these cases into the key issues that a judge or jury needs to understand to resolve matters in his clients’ favor. With degrees in civil engineering and law, Dave’s skill in the technical details of patent law make him well suited to serve clients in digital technology, data encryption, optics and semiconductor technology, among others.

Patent Law

Dave has tried patent cases before federal district courts, the International Trade Commission and arbitration tribunals. He actively practices before the U.S. Court of Appeals for the Federal Circuit and the Patent Trial and Appeal Board and acts as lead counsel in crafting litigation strategy and representing clients at trial. His industry experience handling patent cases gives him particular insight into:

  • Databases
  • Digital imaging technology (hardware and software)
  • Embedded systems
  • Gaming technology
  • Medical devices
  • Standard-essential patents
  • Telecommunications (hardware and software)

Copyright Law

Dave 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, prelitigation resolution, alternative dispute resolution and risk assessment. He also has litigated complex issues related to international copyright law.

Appellate Practice

Within his appellate experience, Dave has handled 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.

Credentials

Bar Admissions

Illinois
U.S. Patent and Trademark Office
Idaho

Court Admissions

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

Education

Gonzaga University School of Law
J.D. summa cum laude, Gonzaga Law Review - Associate Editor (2004)

University of Washington
B.S. in Civil Engineering (1995)

Leadership & Community

Professional Associations

  • PTAB Bar Association, Treasurer and Director, 2016-present
  • Richard Linn American Inn of Court, 2016-present
  • Center for Conflict Resolution, Certified Mediator, 2015-present
  • Intellectual Property Owners Association, U.S. Patent Law Committee, 2012-present
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