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David A. Simons

Fax +1.617.261.3175
Mr. Simons concentrates in patent infringement litigation and post-grant proceedings. His experience includes patent infringement jury trials in Massachusetts, Delaware, North Carolina, and New York; briefing and arguing appeals before the United States Court of Appeals for the Federal Circuit; and drafting and arguing dispositive motions, preliminary injunction oppositions, and claim construction briefs before federal district courts around the country. Mr. Simons' cases have involved a variety of technologies in the mechanical, electrical, and chemical arts, including computer hardware and software, labeled nucleotides, marine generators, chemical deicers, fiber composite decking, manufacturing processes, carpet dyeing machinery, and various medical devices and methods of treatment.

Mr. Simons has also drafted and defended against Petitions for Inter Partes Review and reexamination before the United States Patent & Trademark Office, has prepared and signed Freedom to Operate, Noninfringement, and Invalidity opinion letters, and has drafted and prosecuted patent applications in the biomedical, mechanical, and electrical arts.

Professional Background

Prior to joining K&L Gates, Mr. Simons was a principal at a Boston law firm that specializes in intellectual property law.

  • Trial counsel and lead appellate counsel for WBIP in WBIP, LLC v. Kohler Co., a patent infringement case involving marine generators. Secured judgment of willful infringement and damages exceeding $8M, which was affirmed on appeal. Successfully defended concurrent reexamination of the patents-in-suit before the patent office.
  • 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 cases involving sweetened-dried cranberry manufacture and energy drinks. 
  • Counsel for Dako Denmark A/S in patent infringement case and related arbitration involving p63 antibodies.