David W. Higer is an intellectual property litigation partner based in the Chicago office of Kirkland & Ellis LLP. He has a national practice with prior and current cases in federal district courts in Delaware, Florida, Illinois, Minnesota, Nevada, New York and Texas. He also has tried cases before the International Trade Commission and arbitration tribunals. Dave's practice focuses on advising clients in all aspects of patents, copyrights and trademarks, including trial litigation, appellate litigation, alternate dispute resolution, and the assessment of potential opportunities or risks for particular patents, copyrights or trademarks.
Dave's patent litigation practice spans a wide range of clients and industries. He has experience litigating cases involving semiconductor technology, digital imaging technology (both hardware and software), standards, telecommunications (both hardware and software), embedded systems, medical devices and gaming technology. His copyright litigation practice also spans a wide range of clients and industries. He has experience litigating architectural, PGS and literary copyrights. He also has experience in litigating complex copyright issues related to international copyright law issues.
Dave's current trial practice includes patent cases in numerous federal courts as well as a number of arbitral proceedings.
Dave's recent trial practice has resulted in a trial victory in Delaware federal court, the successful settlement of a long-running semiconductor dispute between industry rivals and the successful settlement of a highly-publicized dispute in the wireless industry. Over the past five years, in addition to non-monetary relief, Dave has achieved well in excess of seven figures in settlement value for his clients. Dave has also successfully defended his clients against numerous claims for both monetary and non-monetary relief.
Dave's appellate practice includes a copyright appeal before the Eleventh Circuit Court of Appeals and an amicus curiae brief filed in the United States Supreme Court on a significant patent issue.
Ann Murphy & David Higer, The 10 Deadly Sins: A Law with Unintended Consequences, 96 Tax Notes 871 (Aug. 5, 2002); 2002 TNT 151-39.
2012, Trial Bar for the U.S. District Court for the Northern District of Illinois
2006, U.S. District Court for the Northern District of Illinois
2005, Ninth Circuit Court of Appeals