David M. Maxwell

Experience and Education

David Maxwell is an experienced attorney practicing in the areas of complex intellectual property litigation, commercial litigation and technology licensing. His practice consists primarily of trials, dispute resolution and counseling in the areas of patents, trademarks, copyrights and related commercial matters. Mr. Maxwell also assists clients with intellectual property enforcement, licensing and portfolio management.


A member of the Georgia and Federal Circuit bar associations, Mr. Maxwell is a 1992 graduate of Duke University School of Law and a graduate of The College of William & Mary.


Areas of Practice


  • Intellectual Property Litigation
  • Commercial Litigation
  • Patent, Copyright and Trademark Disputes
  • Intellectual Property Enforcement and Licensing


Representative Matters


  • Successful arbitration trial of technology and licensing dispute between chemical  parts company and competitor.
  • Represent major computer component manufacture and one of its suppliers in a patent dispute over mapping technology.
  • Represent cardless telephone services provider in patent and business dispute with competitor.
  • Represent chemical solutions company in dispute with prior distributor regarding past and future commissions. 
  • Represented ChemFree Corporation in patent litigation directed to chemical parts washing technology; resolved matter favorably to client.
  • Represented pharmaceutical development company in intellectual property due diligence efforts that resulted in company being acquired in what is believed to be the largest pharmaceutical acquisition for a company with a product still only in the clinical development stage.
  • Represent inventor-developer of medical records technology in connection with patent  protection and licensing strategy.
  • Represented software developer in copyright dispute with major on-line business  education company.
  • Represent chemical manufacturing company in various technical and commercial dispute matters.
  • Lead trial attorney representing a clinical-stage pharmaceutical company in "bet the company" patent and licensing litigation defending claims by two national universities that they owned the company's patents directed to complex nucleotide compounds for the treatment of Hepatitis C. The trial resulted in a decision in favor of the client. The decision enabled our client to proceed with its development efforts, which continue to produce promising results.
  • Represented Fujirebio Diagnostics, Inc. in patent litigation regarding Fujirebio's technology for detecting ovarian cancers on the basis of certain biological markers in the blood or plasma of patients (HE4 market).  Settled the matter on terms favorable to the client.
  • Represented a clinical-stage pharmaceutical company in negotiations regarding the licensing and/or cross-licensing of its complex nucleotide compounds for the treatment of Hepatitis C to several major branded pharmaceutical companies.
  • Represented Apotex Corp. in multistage trial of a patent infringement action regarding  Apotex's ANDA to make a generic version of Wyeth's antidepressant product  EFFEXOR® XR (venlafaxine hydrochloride). Prior to third stage of trial, the  case resolved on terms favorable to client. Wyeth v. Apotex Inc. and  Apotex Corp., Case No. 08-022308 (S.D. Fla.).
  • Represented Defendant-Appellant Electrolux, Inc. in both the trial court and at the Federal Circuit in defense of patent infringement allegations relating to two United States patents. During discovery obtained for Electrolux what is believed to be the largest sanction ever awarded in the Northern District of Iowa for discovery offenses by opponent. Successfully obtained summary judgment of invalidity of all claims asserted against Electrolux.  Maintained the victory on appeal. Maytag Corporation v. Electrolux Home Products, Inc., U.S. District Court for the Northern District of Iowa (2006), U.S. Court of Appeals, Federal Circuit.
  • Represented two subsidiaries of Sealed Air Corporation accused of infringing four U.S. patents. Obtained negotiated settlement on behalf of defendants before answer was filed. Frontier Paper and Packaging, Inc. v. Reflectix, Inc., et al., U.S. District Court for the Northern District of Indiana.
  • Represented  defendants AOL, Netscape, and CompuServe against infringement allegations      by Ronald A. Katz Technology Licensing relating to 18 U.S. patents in multi-district litigation (MDL) in the Central District of California. Ronald A. Katz Technology Licensing v. Time Warner Cable, Inc., et al., U.S. District Court for the District of Delaware; In Re Katz Interactive Call Processing Litigation, Central District of California.
  • Member of team of lawyers who Successfully defended Mohawk against allegations of patent infringement. Obtained jury verdict on Mohawk's behalf after three-week trial. Jury verdict enabled client to continue to make and sell a valuable multimillion-dollar product line. Milliken & Co. v. Mohawk Industries, Inc., et al., U.S. District Court for the District of South Carolina.
  • Defended Cryovac, Inc. against claims of patent infringement and obtained summary Judgment of patent invalidity of all claims asserted against Cryovac. Ruling enabled client to continue to be the industry leader in a profitable and growing packaging product line. Rock Tenn Company v. Cryovac, Inc., U.S. District Court for the Northern District of  Georgia.
  • Represented Fortune 20 corporation as plaintiff in a multimillion-dollar arbitration before the American Arbitration Association. Obtained favorable result for client.


Professional Activities


  • Georgia Bar Association
  • Federal Circuit Bar Association
  • IP Inn of Court, Master
  • Judge, Saul Ewing Moot Court Competition


Admissions


  • Georgia – Superior, Appellate and Supreme Court
  • United States District Court – various
  • United States Court of Appeal for the Federal Circuit
  • United States Court of Appeal for the Eleventh Circuit
  • United States Court of Appeal for the Fifth Circuit

Education


  • Duke University School of Law, J.D., 1992 
  • College of William & Mary, B.B.A., 1986 


Experience


  • The Maxwell Firm LLC – Founder 2013
  • Duane Morris LLP - Partner 2008 – 2013
  • Alston & Bird LLP - Partner 1992 – 2008
  • General Electric Co. (GEFanuc)
     - Financial Analyst, Treasury and Finance Department, 1986-1989


Personal


  • Married, father of two teenage daughters 
  • Youth Softball coach – numerous years
  • Board Member PTA –  Magnet School (two years)
  • County ESPLOST school construction advisory committee
  • Volunteer mentor, public schools
  • Duke Law School Atlanta Alumni Committee