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David A. Simons

Fax +1.617.261.3175

Mr. Simons specializes in intellectual property litigation.  His experience includes patent infringement jury trials in Delaware, North Carolina, and New York, taking and defending over 100 depositions, drafting and arguing summary judgment motions and preliminary injunction oppositions, and drafting dozens of claim construction briefs.  Mr. Simons has argued motions before Courts in Massachusetts, New York, Delaware, Illinois, Texas, North Carolina, Oregon, and Arizona.  Mr. Simons' cases have involved a variety of technologies in the mechanical, electrical, and chemical arts, including oscilloscopes, cellular phone digital modulation schemes, deicers, cranberry processing, nonwoven fabrics, electrodeionization, labeled nucleotides, carpet dyeing machinery, and various medical devices.

Mr. Simons has also drafted and prosecuted patent applications in the biomedical, mechanical, and electrical arts.  Examples include surgical instruments and other biomedical devices, drug delivery systems, biochemical assays, methods of diagnosis and treatment, molecular microarray chips, column chromatography instruments, powdered and metered-dose inhalators, valves, footwear, calorimeters, fuel cells, and lasers.

Professional Background

Prior to joining K&L Gates, Mr. Simons was a principal at a Boston law firm that specializes in intellectual property law.  From 1997-98, Mr. Simons served as the law clerk for the Honorable Elizabeth B. Lacy of the Supreme Court of Virginia.

  • Counsel for Archer Daniels Midland Co. in patent infringement case in Northern District of New York involving deicers.  Drafted successful summary judgment motion for noninfringement of certain claims, and jury returned noninfringement verdict on remaining claims.
  • Counsel for Ocean Spray Cranberries, Inc., in both completed and ongoing patent litigation involving sweetened-dried cranberry manufacture.
  • Counsel for Dako Denmark A/S in patent infringement case and related arbitration involving p63 antibodies.
  • Counsel for Cytologix, Inc. in multiple patent infringement cases involving automated tissue slide staining.