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David D. Headrick
Shareholder
Email. dheadrick@mcandrews-ip.com
Tel. (312) 775-8000
Practice Areas
Intellectual Property Litigation and Counseling
Education
Marquette University, B.S.E.E., 1989 University of Minnesota, J.D., magna cum laude, 1993 Editor, University of Minnesota Law Review
Bar Admissions
Admitted to practice in Illinois. Member of the bars of the U.S. District Court for the Northern District of Illinois and the U.S. Court of Appeals for the Federal Circuit. Registered to practice before U.S. Patent and Trademark Office.
Professional Experience
David Headrick practices in all areas of intellectual property law with particular emphasis on intellectual property litigation and alternative dispute resolution. His practice also includes client counseling, intellectual property licensing, clearance opinions, intellectual property due diligence, and patent and trademark procurement.
In litigation, Mr. Headrick has extensive experience in all aspects of complicated discovery, working with technical experts, writing and arguing case dispositive motions, conducting multi-week trials and arbitrations, and conducting patent claim construction hearings. A list of representative cases is provided below.
Along with Mr. Malloy, Mr. Headrick secured a $166 million victory for one of the firm’s clients, which was the third-largest patent damages award in 2002 and rates among the top patent damages awards of all time. In 2004, Mr. Headrick, again with Mr. Malloy, managed the defense of one of the firm’s largest clients when a competitor sought an emergency injunction against the client’s leading medical device and $1.2 billion in damages. In 2009, the Federal Circuit affirmed the district court’s rulings granting summary judgment of non-infringement, granting summary judgment of invalidity, and finding the case “exceptional” such that an award of $5 million in attorney’s fees was warranted.
Mr. Headrick’s experience encompasses a broad spectrum of technologies such as coronary angioplasty catheters, coronary stent systems, cardiac defibrillators / pacemakers, allograft surgical implants, bone cleaning and processing technology, mesenchymal stem cells, and needleless injection sites.
Representative cases in which Mr. Headrick has been substantially involved include:
Osteotech, Inc. v. RTI Biologics, Inc., No. C-06-4249 (D. N.J. 2006-09) (patent infringement case; summary judgment barring six years of alleged pre-suit damages; favorable settlement).
ICU Medical, Inc. v. ALARIS Medical Systems, Inc., No. 2008-1077 (Fed. Cir. 2009) (appeal of patent infringement case; summary judgment of non-infringement and invalidity affirmed; award of $5M in fees and sanctions affirmed).
ICU Medical, Inc. v. ALARIS Medical Systems, Inc., No. SA CV 04-0689 MRP (VBKx) (C.D. Cal. 2004-07) (patent infringement case involving over $2B in accused products; TRO/PI ruling in client’s favor; claim construction ruling in client’s favor; summary judgment of non-infringement; summary judgment of invalidity; $5M in fees and sanctions awarded).
Medtronic, Inc. v. Guidant, Inc., No. 00-1473 (MJD/JGL) (D. Minn. 2000-03) (patent infringement case; claim construction ruling in client’s favor; favorable settlement).
Advanced Cardiovascular Systems, Inc. v. Medtronic AVE, Inc., No. 99-5393 (N.D. Cal. 1999-2002) (patent infringement arbitration; client awarded $166M and permanent injunction).
Advanced Cardiovascular Systems, Inc. v. Medtronic, Inc., No. 95-03577 (N.D. Cal. 1995-1999) (patent infringement case; jury finding of willful infringement; award of enhanced damages and permanent injunction).
SciMed Life Systems, Inc. v. Advanced Cardiovascular Systems, Inc., (1994-1997) (two patent infringement arbitrations involving over $1B in accused products; award finding no infringement).
Advanced Cardiovascular Systems, Inc. v. SciMed Life Systems, Inc., (1994-1995) (multi-million dollar breach of license arbitration; successful award for client).
SciMed Life Systems, Inc. v. Advanced Cardiovascular Systems, Inc., No. 94-1932 (N.D. Cal. 1994-2001) (patent infringement case; summary judgment of non-infringement).
SciMed Life Systems, Inc. v. Advanced Cardiovascular Systems, Inc., No. C02-05650 VRW (N.D. Cal. 2003) (favorable settlement).
Advanced Cardiovascular Systems, Inc. v. SciMed Life Systems, Inc., No. 96-00946 (N.D. Cal. 1996-2000) (patent infringement; favorable settlement).
Advanced Cardiovascular Systems, Inc. v. SciMed Life Systems, Inc.,, No. 95-03580 (N.D. Cal. 1995-2000) (patent infringement; favorable settlement).
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