David E. Finkelson

Partner

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Practices
Education
  • University of Virginia School of Law, JD, Order of the Coif, Editorial Board Member, Virginia Law Review, 1999
  • University of Virginia, BA, with Distinction, 1993
Admissions
  • Virginia
  • District of Columbia
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. Court of Appeals for the 8th Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. District Court for the District of Colorado
Affiliations

Board of Governors, Intellectual Property Section, Virginia State Bar

Council Member, Intellectual Property and Information Technology Law Section, Virginia Bar Association 

Member, Intellectual Property Law Section, American Bar Association

Member, Unclaimed Property Professionals Organization

Dave is an intellectual property litigator with substantial experience handling a wide range of complex disputes. His practice emphasizes patent litigation matters across a broad spectrum of technologies, with a particular focus in the fields of telecommunications, computer software and hardware, and e-commerce. He also represents clients in copyright, trade secret, domain name and other IP disputes. Dave regularly appears before the Eastern District of Virginia, and also litigates patent cases throughout the United States, including in patent hot spots such as the Eastern District of Texas, District of Delaware, Central District of California, Northern District of California, and the District of New Jersey.

In addition to litigation, Dave helps lead the firm’s unclaimed property practice. He counsels clients large and small, among them Fortune 500 companies in the retail, telecommunications, banking and energy sectors, on a wide array of unclaimed property issues. These include state reporting requirements and exemptions, voluntary disclosure agreements, electronic instruments such as gift cards and debit cards, and contract drafting and corporate formation considerations. Dave regularly handles the defense of audits by state unclaimed property departments and their contingent-fee auditors. In a time of increased unclaimed property activity by the states, clients turn to Dave for guidance in this important and expanding area of the law.

In the News

David E Finkelson
vCard
T: +1 804 775 1157F: +1 804 225 5377Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
Intellectual Property - Patent

Defense of national telecommunications carrier against patent infringement claims involving cellular network and handsets (D. Del.).

Representation of leading automotive manufacturer in patent infringement action related to vehicle display systems (N.D. Cal.).

Defense of mobile handset companies against patent infringement allegations involving speech coding in cellular communications (E.D. Va.).

Representation of national retailer against patent infringement claims concerning e-commerce (E.D. Tex.; D. Del.).

Prosecution of patent infringement claims on sequestered antagonist composition for pharmaceutical company (W.D. Va.).

Defense of wireless service provider against patent infringement claims involving mobile applications (N.D. Tex.).

Representation of multiple clients in defense of patent infringement allegations related to website functionality (E.D. Tex.).

Representation of telecommunications carrier against smartphone-related patent infringement claims (W.D. Wash.).

Defense of telecommunications carrier in patent infringement action involving computerized mapping applications (W.D. Tex.).

Representation of major utility in defense of patent infringement claims involving call center technology (C.D. Cal.).

Prosecution of medical device patent infringement claims involving ultrasound catheters (E.D. Pa.).

Defense of automation technology company in patent infringement action involving AC controllers (M.D. Fla.).

Prosecution of patent infringement claims on behalf of leading power equipment manufacturer (N.D. Cal.).

Defense of multiple clients in highly publicized patent infringement cases involving electronic mail systems (E.D. Va.).

Defense of consumer electronics retailer in patent infringement action involving DVD player technology (E.D. Tex.).

Representation of leading software and technology solutions company against patent infringement claims involving CAD drawing technology (D. Utah).

Defense of baked goods company against claims that it infringed competitor’s chemical composition patents (D. Minn.).

Prosecution of patent infringement claims on behalf of orthodontic products manufacturer (D. N.J.).

Defense of Taiwanese computer monitor manufacturer against allegations that it infringed patents relating to power management technology (D. Del.).

Intellectual Property - Trademark and False Advertising

Obtained bench verdict of non-infringement in bet-the-company trademark trial on behalf of commercial fire protection company (E.D. Va.).

Defense of consumer products company in defense of Lanham Act claims (S.D.N.Y.).

Representation of international automotive products manufacturer in trademark infringement and false advertising action (S.D. Ind.).

Defense of leading sporting goods retailer against trademark infringement claims (W.D.N.Y.).

Defense of charitable foundation against claims of trademark infringement and dilution (W.D. Va.).

Prosecution and defense of false advertising claims on behalf of biopharmaceutical company (E.D. Va.).

Prosecution of trademark and copyright infringement claims on behalf of leading software and technology solutions company (D. Utah).

Commercial

Obtained $4.8 million jury verdict for Canadian utility in breach of contract action (E.D. Va.) (named one of Virginia's largest verdicts of 2006).

Defense of leading mobile communications provider in multistate unclaimed property lawsuit concerning uncashed rebate checks (Iowa Dist. Ct.).

Representation of building products manufacturer in bench trial involving alleged breach of software development contract, obtaining favorable settlement (Va. Cir. Ct.).

Prosecution of high-level excess insurance coverage claims on behalf of chemical manufacturer in five-day arbitration, and various state and federal court proceedings.

Named "Lawyer of the Year," Patent Law, Richmond, Best Lawyers, 2015

Selected for inclusion in The Best Lawyers in America, Copyright Law, Litigation-Intellectual Property, Litigation-Patent, Patent Law, Woodward/White, Inc., 2013-2017

Named to "Virginia's Legal Elite," Intellectual Property, Virginia Business Magazine, 2012

Selected for inclusion in America's Leading Lawyers for Business, Intellectual Property, Southern Virginia, Chambers USA, 2012-2017

Named to "Virginia Rising Stars," Intellectual Property Litigation, Business Litigation, Super Lawyers, Thomson Reuters, 2009, 2011