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David Bohrer Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it Confluence Law Partners 60 South Market Street, Suite 1400 San Jose, CA 95113-2396 Phone: 408.938.3883 Download my vCard David C. Bohrer is the founder of Confluence Law Partners. He focuses his practice on the defense of intellectual property rights, including patent infringement litigation, patent licensing litigation, trade secret misappropriation, trademark, trade dress, and false advertising litigation, other technology-focused litigation and related counseling. He has tried cases in federal and state courts and before arbitration panels throughout the United States. First Chair Trials and Related Litigation Experience. He previously was an equity partner in the international intellectual property practice of Morgan, Lewis & Bockius LLP (Silicon Valley office). Some of Mr. Bohrer's more recent cases include: • Mr. Bohrer and CLP recently substituted as lead trial counsel in place of a large national IP firm to defend trade secret misappropriation, computer fraud and breach of patent assignment claims brought against CLP’s client, a cutting-edge developer of RF/microwave circuit technology for wireless broadband applications. Within four months after it took the case, on October 29, 2009, CLP leveraged a favorable settlement by aggressively disputing the alleged trade secrets, expediting the submission of technical expert reports, and filing a countervailing lawsuit. Not only were all claims dismissed with prejudice, but the client was able to continue sales of its flagship product and technology without change or restriction. • After a three-and-a-half-week patent infringement trial in the Northern District of California, the jury rendered a verdict in favor of Mr. Bohrer’s client, on February 4, 2008, a major Japanese manufacturer of consumer electronics, finding that its three patents were valid and willfully infringed. The jury awarded lost profit and reasonable royalty damages in excess of $7 million. The trial court subsequently awarded $4 million in attorneys’ fees and costs. • Mr. Bohrer obtained a complete summary judgment victory in a medical device patent infringement case brought against his client, a $12 billion healthcare company. The case involved intrauterine pressure catheters and the successful result allowed his client to continue a flagship product line. • Mr. Bohrer’s $7.4 million jury verdict obtained on behalf of a client-inventor in a patent infringement suit involving computer software claims was featured in The National Law Journal's "Verdict of the Week". On post-trial motions, the court not only upheld the verdict, but increased the award to his client to $9.6 million. • Defeated a $50 million patent infringement case brought against a leading manufacturer of semiconductor equipment used to detect flaws on bare and patterned wafers. The complete summary judgment victory protected the client’s high-revenue line of inspection tools. Mr. Bohrer led the litigation team that obtained the summary judgment. • Brought an $80 million patent infringement action on behalf of the world's largest manufacturer of spindle motors used in computer hard disk drives on a technology related to fluid dynamic bearings. On September 28, 2007, Mr. Bohrer obtained complete summary judgment of a $60 million patent infringement counterclaim on related spindle motor and hard disk drive technology while defeating the defendant’s summary judgment motion leading to a very favorable settlement for his client in early February 2008. • On behalf of a Malaysian investment fund and two companies formed under U.S. law for purposes of distributing proprietary software, Mr. Bohrer, serving as lead trial counsel, obtained a temporary restraining order and a preliminary injunction enjoining competition in the United States and ultimately obtained both a permanent injunction, an order transferring ownership of intellectual property rights in the subject software, and an award of actual damages in excess of $5 million and reimbursement of attorney's fees. • On behalf of a global leader in pressure-sensitive products used in office and consumer applications, Mr. Bohrer brought suit in the Central District of California to block a competitor's false advertising and trademark infringement and, serving as lead trial counsel, obtained a preliminary injunction, made permanent via settlement. • Serving as lead trial counsel, Mr. Bohrer obtained a summary judgment victory in electronics device patent infringement litigation brought against a manufacturer of electronic gaming equipment and related software and involving application of optics and reflective imaging in electronic gaming devices. Based upon the court's findings of no literal infringement, the lawsuit was dismissed with no damages, costs, or fees assessed against the client. Mr. Bohrer frequently writes and lectures on topics relating to trial advocacy and intellectual property. Recent Publications and Speeches. Flat Fee IP Blog. Academic Position Northwestern University School of Law, adjunct professor, clinical legal ethics Fall, 1994 to Fall, 1999 Education Northwestern University School of Law, J.D. 1983, Dean's list Stanford University, B.A. History 1980, Distinction, Phi Beta Kappa Bar Admission California 2001 Illinois 1983 Court Admission US District Court, Northern District of Illinois US Court of Appeals for the Seventh Circuit US District Court, Eastern District of California US District Court, Northern District of California US District Court, Northern District of Illinois, Trial Bar US Court of Appeals for the Federal Circuit US Court of Appeals for the Ninth Circuit |
