Professionals
206.816.1493 
206.464.0125 
David Lieberworth is an experienced intellectual property litigator and has represented clients in matters covering a wide variety of technologies and legal issues, often involving filed cases and international clients. With a Ph.D. in physics, Mr. Lieberworth has drawn on his advanced scientific education to obtain quick results in technology disputes, putting his combined scientific and legal skills to good use in the service of the firm's clients.
Mr. Lieberworth has worked on a variety of intellectual property cases in federal and state courts, and in arbitrations. He has taken complex technological disputes — ranging from patent cases involving innovative irrigation systems (against an Israeli company) to misappropriation of complex chemical trade secrets — from filing through trial, sometimes in a matter of months. As in his International Trade Commission matters, a number of these cases have involved transnational litigation issues, for example, claims of infringement of trademark, trade dress and design patent rights, as well as a claim for copyright infringement associated with music mixing consoles, in multiple forums.
Mr. Lieberworth has represented clients in the United States, the United Kingdom, Italy and Germany, as well as China and Hong Kong. Other, more local cases include the pursuit claims of trade secret misappropriation and trade dress infringement on behalf of a major department store chain, in which Mr. Lieberworth obtained a preliminary injunction and ultimately a favorable settlement protecting the client’s exclusivity in its key markets.
Experience
Patent InfringementRepresented two respondents in In the Matter of Certain Composite Wear Components and Products Containing Same (337-TA-644), a case raising complex issues of conflicting jurisdictions and parallel patents in different countries. Also served as lead counsel challenging the validity of the patent at issue in that case before the U.S. District Court for the Middle District of Tennessee.
Patent InfringementActed as the lead attorney defending an Indian-based condom manufacturer whose products were accused of infringing a U.S. patent. Case involved both an investigation before the International Trade Commission (In the Matter of Certain Male Prophylactic Devices [Inv. No. 337-TA-546]) and a parallel action for damages and other relief in the U.S. District Court of New Jersey. Successful on appeal to the full commission and, ultimately, the Federal Circuit.
Patent InfringementActed as lead litigation counsel for the complainant in a Section 337 case regarding power supply coupler devices, resolving the matter by settlements, licenses and consent orders, and also exclusion orders as to respondents with whom other resolutions could not be reached. (In the Matter of Certain Coupler Devices for Power Supply Facilities and Components Thereof, and Products Containing Same [Inv. No. 337-TA-590])
Trade Dress and Unfair CompetitionDefended clients against claims of trade dress infringement and trade secret misappropriation in the restaurant business. After four weeks of the plaintiff presenting its case demanding over $12 million in damages and hosts of decorative changes, the case settled for less than 3 percent of that sum.
Trade Secret MisappropriationPursued claims against former employee of misappropriation of trade secrets from a company in the business of noninvasive testing and inspection of pipelines and furnaces in the chemical and petrochemical industry.
Trade Secret Misappropriation and Patent InfringementRepresented a company in the business of noninvasive testing and inspection of pipelines and furnaces in the chemical and petrochemical industry in pursuing claims of misappropriation of trade secret concerning electronic and software technology developed by its client. Defended against assertions of patent infringement by the defendant in that same action. Case was resolved favorably to the client, who regained exclusive control of its intellectual property.
Trademark InfringementActed on behalf of a number of Chinese companies accused of infringing the trade dress of a large cigarette lighter company named as respondents in In the Matter of Certain Lighters (Inv. No. 337-TA-575) and negotiated an arrangement which permits the Chinese companies to sell their products in the United States with minimal modification, and without any interruption of their businesses.
Unfair CompetitionPursued claims of federal Lanham Act unfair competition on behalf of a company with sophisticated technological tools to extend the life of underground electrical power transmission cables.
Professional Activities
- Member, American Bar Association
- Member, King County Bar Association
- Member, Computer Law Association
Publications
- "Conducting Discovery in China & Japan," co-author, The International Litigation Quarterly, Spring/Summer 2006.
- "You Can Advertise, But Don't Sell That Product: Virtual Jurisdiction in Washington," Washington Law Journal, June 2001.
