David Kitchen focuses his practice on intellectual property litigation. He has represented small business owners, multinational companies, foreign corporations and pro bono individuals. He has practiced before many judicial bodies, including the United States Courts of Appeal for the Fifth, Sixth, Ninth and Federal Circuits.
Mr. Kitchen’s trial experience began with a successful jury trial in which the plaintiff’s patent was found valid and infringed and the defendants were permanently enjoined; he then aided in the successful defense of this verdict before the Federal Circuit. Mr. Kitchen has participated in numerous patent litigations brought to trial or successful settlement, including most recently an action before the United States International Trade Commission. He has aided in multiple appeals, including before the Federal Circuit. In all of these actions, Mr. Kitchen has played a central role in managing discovery, including taking and defending dozens of depositions. He has also been involved in the successful defense of RICO and trade secret claims against a multinational defendant.
Mr. Kitchen has played a role in the liquidation proceeding of Bernard L. Madoff Investment Securities LLC and the firm’s representation of the court-appointed Trustee Irving Picard. He has played a central role in the Trustee’s action to recover fraudulent transfers from a group of feeder fund defendants. In this regard, Mr. Kitchen has overseen extensive discovery, taken numerous depositions and successfully defended against motions to dismiss.
Mr. Kitchen is often called upon to lead the gathering and preservation of electronically stored information (ESI). He has become adept at the law and issues pertaining to ESI and has successfully defended against several motions for spoliation sanctions.
During law school, Mr. Kitchen served as research assistant for the Honorable Richard Posner in the compilation of his text, The Economic Structure of Intellectual Property Law.
In addition to intellectual property litigation, Mr. Kitchen has been involved with general complex litigation matters, including business disputes, class actions, white collar defense and appeals.
Mr. Kitchen is fluent in Spanish.
1/17/2012 - Baker Hostetler Announces New Partners