David K. Callahan, P.C. 
Professional Profile
David Callahan is a partner in Kirkland's Chicago office. His practice is focused on complex litigation in the areas of patent, trademark, trade secret, false advertising and unfair competition. IP Law and Business recently named Mr. Callahan one of the "Top 50 Under 45" IP lawyers in the country; Law and Politics has listed him as an Illinois "Super Lawyer" since 2005. Mr. Callahan has participated in numerous bench and jury trials in Federal Courts, as well as appeals before the Federal and Seventh Circuits. In patent matters, Mr. Callahan has represented clients in a diverse range of technologies, including semiconductors, medical devices, abrasives, paper products, automotive products, business methods, cellular telephony, building products and agricultural equipment.
Mr. Callahan won summary judgment for Amazon.com in a case that received significant media attention, convincing the court that Amazon's "1-Click" feature did not infringe a competitor's patent. Click here to read the press release concerning this victory. Mr. Callahan tried a patent infringement case for Kubota Corporation against John Deere & Company that appeared in the Wall Street Journal article, Jury Strikes Down Deere's Patent Claim Against Kubota Corp. The National Law Journal chose the Kubota win as one of the "Top 20 Defense Wins" of 2002. Mr. Callahan's Lanham Act victory for his client, BCE Emergis, was covered in the article, Court Rejects False Advertising Claim Brought by First Health Against 'Silent' PPO.
Representative Matters
Patent Infringement Litigation:
IDEX v. CPS Color (N.D. Ill. 2008)
Arimathea v. Wrigley, et al. (N.D. Ill. 2008)
Credentials v. NSC (E.D. Va. 2008)
Dripping Wet Water v. IDEX (N.D. Ill. and S.D. Tex. 2007-2008)
Katz Patent Litigation (MDL 2007)
Baxter v. Fresenius(N.D. Cal. 2007)
Christiana Industries v. Empire Manufacturing (E.D. Mich. 2006)
Kerr v. 3M (W.D. Wis. 2006)
Wm. Wrigley v. Hershey (N.D. Ill. 2006)
Emergis Eipp Litigation (various jurisdictions; 2004-06)
Prokop v. 3M (D. Okla. 2005)
Howmedica v. Zimmer, Inc. et al. (D.N.J. 2005)
Agere Systems Inc. v. Atmel (E.D. Pa. 2005)
Thomas Ind. v. Gast Mfg. (W.D. Wis. 2004)
IPXL Holdings LLP v. Amazon.com (E.D. Va. 2004)
Computer Motion v. Intuitive Surgical (D. Del., D. Cal. 2002-03)
Ricoh v. Katun Corporation, et al. (D. N. J. 2003)
Agere Systems v. Broadcom, Inc. (E.D. Pa., W.D. Wis. and N.D. Cal. 2003-04)
BCE Emergis v. e-Docs (W.D.N.C. 2003)
Solaia v. Arvinmeritor, et al./Solaia v. American Honda, et al. (N.D. Ill. 2002 and 2003)
3M v. Barton Nelson (D. Minn 2002)
Kelsey-Hayes v. Honeywell (E.D. Mich. 2002)
Webb Wheel, Inc. v. Gunite (N.D. Ala. 2002)
Netscape Communications, et al. v. Konrad (N.D. Cal. 2000)
Minnesota Mining & Manufacturing Company v. Z-International (D. Minn. 1999)
Illinois Tool Works v. Nordson (N.D. Ill. 1999)
Wiand v. Minnesota Mining & Manufacturing Company (E.D. Mich. 1999)
John Deere v. Kubota Tractor Corporation (C.D. Ill. 1999)
Security & Access v. Motorola (D. Del. 1997)
Bell & Howell v. Altek Systems (N.D. Ill., 1996)
James River v. Hallmark Cards, Inc. (E.D. Wis. 1993)
Georgia-Pacific v. United States Gypsum (D. Del. 1996)
Trade Secret Litigation:
Unigen v. Colgate-Palmolive (N.D. Wash. 2007)
Xentris v. Firefly (DuPage County, Ill. 2006)
Descartes Systems v. ProLogis Trust, et. al. (C.D. Cal. 2000)
General Clutch v. General Motors (D. Conn. 1993)
Trademark/Unfair Competition/False Advertising Litigation:
Dyson, Inc. v. Oreck Direct LLC (D. La. 2007)
Weinstein v. Timberland, et al. (N.D. Ill. 2005)
Hill's Pet Nutrition v. Nutro Products (C.D. Cal. 2004)
United Payors & United Providers v. St. John's Hospital (W.D. Mo. 2000; related cases pending in Missouri State Court)
Unext.com LLC v. Learnsoft Corp. and Unexus University (D. Mass 2000)
Hoeganaes Corporation v. Höganäs A.B. (D. Del. 1999)
First Health v. United Payors & United Providers (N.D. Ill. 1996)
Morison v. Rand McNally & Company (Sup. Ct. Cal. 1996)
Morrison's Orchards v. TruGreen L.P. (TTAB 1995)
Office Depot Inc. v. Mar-Mol, et. al. (D. Puerto Rico 1994)
Commercial Litigation & Arbitration:
Marquette v. Rowe, et al, (Va. Bankr., E.D. Va. 2007)
Jupiter Medical Center v. Aetna (Palm Beach County 2002)
BCE Emergis v. Ariba, Inc. (N.D. Cal. 2002)
BCE Emergis Corp. v. St. John's Regional Health Center (W.D. Mo. 2001)
Primrose Healthcare Services v. BCE Emergis Corp. (Amer. Arb. Ass'n 2001)
SodaMate Enterprises, Inc. v. 3M
Computer and Internet Litigation and Counseling - Various Domain Name Disputes and Counseling:
Significant counseling for clients regarding disputes over domain names on the World Wide Web. Domain name investigations, domain name transfers and litigation involving domain names, including against cyber-pirates.
Copyright Litigation:
I.B. Diffusion v Lands' End, Inc. (N.D. Ill. 1995)
Appellate Litigation:
Oreck Direct LLC v. Dyson, Inc. (5th Cir. 2009)
Emergis v. PNM (Fed. Cir. 2008)
Thomas v. Gast (Fed. Cir. 2006)
IPXL v. Amazon.com (Fed. Cir. 2004)
John Deere v. Kubota (Fed. Cir. 2003)
First Health v. United Payors & United Providers (7th Cir. 2001) 269 F.3d 800
Georgia-Pacific v. United States Gypsum (Fed. Cir. 1999) 195 F.2d 1322
Middleton v. Minnesota Mining & Manufacturing (Fed. Cir. 1999)
Quinn v. McGraw-Hill Companies (7th Cir. 1999) 168 F.3d 331
Bell & Howell v. Altek, et al. (Fed. Cir. 1997) 132 F.3d 701Memberships & Affiliations
Member of Advisory Board, DePaul University Center for Intellectual Property Law and Information Technology (CIPLIT)
Illinois College, President's Advisory Council
Intellectual Property Owners Association, E-Commerce/Internet Committee
American Intellectual Property Law Association
Federal Circuit Bar Association
American Bar Association, Litigation SectionOther Distinctions
Professional Presentations and Awards
Listed as an "Illinois Super Lawyer" by Law and Politics (2005, 2006, 2007, 2008, 2009).
Illinois State Bar Association Presented "Rambus is Final: Where Do We Go From Here?" September 2009
Institute of Canadian General Counsel Presentation and panel discussion on U.S. patent law issues at Spring 2004 Meeting.
American Conference Institute Panelist on Advanced Forum on Litigating Patent Disputes, February and March 2002.
Society of Automotive Engineers Presented "Intellectual Property Law For Engineers" on numerous occasions.
American Intellectual Property Law Association Panelist, "Free Agents: Retaining Junior Attorneys" Spring 1999 Meeting.
PricewaterhouseCoopers General Counsel Forum Presented seminar on patent litigation to gathering of Chicago-area general counsel.Courts
U.S. Supreme Court
Supreme Court of Illinois
Federal Circuit
Court of Appeals for the District of Columbia
Court of Appeals for the Fifth Circuit
Court of Appeals for the Seventh Circuit
Court of Appeals for the Ninth Circuit
Northern District of Illinois-Trial Bar
Central District of Illinois
Eastern District of Wisconsin
Eastern District of Michigan
Western District of Wisconsin
Western District of Michigan
Northern District of Illinois
Central District of California
Northern District of California
