David Bogdan Cupar

Practice Details

• Payment Information
  Payment & Cost Features

  Fixed hourly rates
  Fixed fees available
  
• Firm Information
  Position

  Member; Chair, Intellectual Property Department

  Firm Name

  McDonald Hopkins LLC
• Representative Cases & Transactions
  Cases

  Representative Cases/Matters: IP strategy solutions for innovation leaders: Work closely with clients on developing effective IP portfolio alternative fee arrangements.
  Developed improved forms
  workflows for client IP portfolios to save clients significant time
  money.
  Identified new ways for clients to identify innovations
  protocols on how to identify the best forms of protection.
  Formed client-specific training for key technical, commercial,
  legal personnel on important IP issues based on the needs of that business.
  Devised trade secret policies to ensure the maintenance of key confidential information both internally
  externally.
  Created plan on consolidating worldwide counsel to save significant foreign costs.
  Worked with clients on developing more sound approaches in protecting new IP innovations based on joint development with third parties.
  IP Enforcement
  Dispute Resolution Strategies: District Court Experience
  Litigated dozens of patent, trade secret, trademark, copyright,
  unfair competition cases all over the country.
  Led trial team in obtaining jury verdict of willful patent infringement in a chemical patent case.
  Awarded favorable willful patent infringement ruling at a bench trial involving four different consumer product patents.
  Prevailed at preliminary injunction hearing on behalf of accused trademark infringer involving multi-million dollar claim.
  Presented at more than 10 patent claim construction hearings that involved dozens of claim terms in a wide variety of electrical, chemical,
  mechanical technologies.
  Obtained numerous favorable summary judgment rulings in all areas of IP including infringement, non-infringement, no invalidity, no inequitable conduct, affirmative defenses.
  Appeals Court Experience
  Argued patent infringement
  invalidity issues before the Federal Circuit that originated from federal district courts as well as from PTAB.
  Argued trademark
  unfair competition issues before the Sixth Circuit.
  Briefed numerous cases commencing in district court
  at the USPTO.
  USPTO Patent Trial
  Appeal Board (PTAB) Experience
  Argued before PTAB in numerous inter partes reviews (IPR), inter partes reexaminations, ex parte applications.
  Successfully represented patent owners
  petitioners challenging competitive patents
  obtained results at a rate much higher than the overall PTAB grant/denial rate.
  Successfully represented petitioners challenging competitive patents in obtaining grants of IPR petitions.
  Arbitration
  Other Litigation Experience
  Arbitrated a wide variety of IP matters before the American Arbitration Association
  Obtained favorable false advertising findings before the National Advertising Division (NAD) of the Better Business Bureau
  Uniform Domain Name Dispute Resolution Policy (UDRP) actions
  Litigated dozens of USPTO trademark oppositions
  cancellations