David Tobin - McDermott Will & Emery


David Tobin focuses his practice on intellectual property (IP) matters, with a particular emphasis on patent post-grant trials and patent litigation. He has extensive experience litigating complex patent infringement and other IP cases across the country, including in district courts, the Patent Trial and Appeal Board (PTAB) and the International Trade Commission (ITC). David represents clients in a wide variety of fields spanning telecommunications hardware and standards, computer hardware and software, e-commerce, data compression, semiconductor manufacturing and design, fossil energy production, renewable energy generation, medical devices, chemical processes and pharmaceutical formulations. He also litigates and provides counseling on trade secret, copyright, trademark and trade dress issues.

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  • Represented a power generation company in patent litigation; the case settled on favorable terms after the PTAB instituted four inter partes review (IPR) petitions and the court stayed the case pending IPR*
  • Represented a wireless carrier against patent infringement claims involving ten patents relating to antenna arrays, at the PTAB and district court; the case settled on favorable terms after closing arguments to the jury, on the morning of jury deliberations*
  • Participated in month-long jury trial in state court during the pandemic, including cross-examining expert witness; the case involved defending against assertions of misappropriation of trade secrets, and the jury returned a verdict finding that none of the alleged misappropriated information was trade secret*

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  • Patextia, PTAB Intelligence Report, Top 1-2% PTAB Attorney, 2023
  • Super Lawyers, Texas Rising Star, 2013 to 2017


  • Dallas Bar Association, member
  • The Honorable Barbara M.G. Lynn American Inn of Court, former associate


The University of Texas School of Law, JD, with high honors, Order of the Coif, 2007
University of California, Los Angeles, MS, Materials Science & Engineering, National Defense Science and Engineering Graduate Fellowship, 2004
University of California, Los Angeles, BS, Chemical Engineering, summa cum laude, Outstanding Bachelor of Science Award, Tau Beta Pi, Engineering Honors Society, 2001


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