David N. Draper is an intellectual property litigation partner in the New York office of Kirkland & Ellis LLP. His practice focuses on patent, trademark, and trade secret litigation, and other litigation and client counseling matters. David also counsels clients on intellectual property issues in connection with corporate transactions, private equity investments, and mergers and acquisitions.
David has represented clients in intellectual property litigations involving a wide range of technologies, including patent infringement disputes in the areas of wireless communications, cellular networks, multimedia systems, multimode waveguide technology, polymer technology, biotechnology, consumer products, smart phones, tablet computers, and computer software. David's experience spans all stages of intellectual property litigation, including pre-filing investigation, fact and expert discovery, claim construction proceedings, summary judgment, pre-trial and post-trial motion practice, bench and jury trials, and appeals.
David's pro bono efforts have included federal district court litigation in the areas of trademark infringement and unfair competition. He has served as a Law Firm Volunteer for the New York City Law Department's Public Service Program, and as a judge for a law student national moot court competition. He also has presented to micro-entrepreneurs on intellectual property issues in cooperation with the Neighborhood Entrepreneur Law Project. David is a multi-year recipient of the Kirkland & Ellis Pro Bono Service Award.
David earned his undergraduate degree in Electrical and Computer Engineering at Cornell University. He has knowledge and experience in networks and telecommunications, digital communication engineering and design, intelligent and nonlinear information processing systems, power systems, and other areas of engineering design and implementation.
"The Burden Of E-Discovery In Patent Litigation: A Few Tips," co-authored with Joseph A. Loy, Law360, November 2016.
"Post-Therasense inequitable conduct: a pharmaceutical perspective," co-authored with Patricia A. Carson and Daniel Forchheimer, Pharmaceutical Patent Analyst, Vol. 2, No. 4, pp. 467–79, July 2013.
Intellectual Property Rights For Entrepreneurs, Pace University SBDC, March 2019.
Admissions & Qualifications
- 2010New York
- 2009New Jersey
- United States Court of Appeals for the Federal Circuit
- United States Court of Appeals for the Second Circuit
- United States District Court for the District of New Jersey
- United States District Court for the Eastern District of New York
- United States District Court for the Southern District of New York
- University of Tennessee College of LawJ.D.summa cum laude2009
Order of the Coif
Phi Kappa Phi
Member, Transactions: The Tennessee Journal of Business Law
- Cornell UniversityB.S., Electrical and Computer Engineering2006