David R. Bailey

Partner

Philadelphia
T +1.215.564.8967
F +1.215.568.3439

Overview

David Bailey focuses his practice on all aspects of patent law, with a focus on inter partes reviews and post-grant proceedings before the Patent Trial and Appeal Board (PTAB), and patent litigation. He has appeared before the PTAB on several occasions and has argued before the Federal Circuit, as well as led several inter partes and ex parte reexamination proceedings. David has also worked on trial teams representing a number of Fortune 500 technology companies in various technology areas, including the medical device and computer industries. Notably, he was a member of the trial team in Microsoft Corp. v. AT&T Corp., decided by the Supreme Court. In addition, his practice includes client counseling, opinion drafting, patent portfolio management, licensing and acquisition, in which he applies his focused legal knowledge to many technologies, including medical devices, chemical processing, pharmaceuticals, drug delivery compositions and computer software. David is also co-leader of BakerHostetler's Medical Device Group business team.

Prior to his legal career, David worked as an engineer for the PQ Corporation, a global producer of inorganic chemicals. He also teaches Patent Litigation at Villanova School of Law.

Select Experience

  • Successfully represented a medical device manufacturer in defeating an inter partes review challenge.
  • Represented a multinational computer company in a patent infringement litigation involving voice compression software, which later went to the Supreme Court for resolution of an issue concerning infringement under 35 U.S.C. § 271(f), decided favorably for the client.
  • Represented a global specialty chemical company in a patent infringement litigation involving FCC unit catalysts, and won an infringement verdict at trial, which was affirmed by the Federal Circuit.
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Experience

  • Successfully represented a medical device manufacturer in defeating an inter partes review challenge.
  • Represented a multinational computer company in a patent infringement litigation involving voice compression software, which later went to the Supreme Court for resolution of an issue concerning infringement under 35 U.S.C. § 271(f), decided favorably for the client.
  • Represented a global specialty chemical company in a patent infringement litigation involving FCC unit catalysts, and won an infringement verdict at trial, which was affirmed by the Federal Circuit.
  • Represented a multinational medical device company in a licensing dispute determined favorably for the client.
  • Led the successful reexamination proceeding for a patent involved in a concurrent litigation where the patent concerned intervertebral implants.
  • Led the successful reexamination proceeding for a patent concerning bone plate technology.
  • Leading the reexamination proceeding for a patent involved in a concurrent, stayed litigation, where the patent concerns spinal stabilization rods secured to pedicle screw assemblies.
  • Conducted due diligence and clearance analyses for a medical device company for company acquisition.
  • Managed patent portfolios for a litigated patent technology to strengthen its position with respect to competitors.
  • Developed an extensive patent portfolio for drug delivery compositions based upon microemulsion technology.

Recognitions and Memberships

Recognitions

  • Martindale-Hubbell: AV Preeminent

Memberships

  • American Intellectual Property Law Association
  • Philadelphia Intellectual Property Law Association

Prior Positions

  • Woodcock Washburn LLP: Policy Committee
  • PQ Corporation: Engineer

Admissions

  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. Patent and Trademark Office, Registration No. 35,057
  • Pennsylvania

Education

  • J.D., Villanova University School of Law, 1990, cum laude
  • B.S., Chemical Engineering, Pennsylvania State University, 1985, with honors