David R. Eberhart

Partner

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David Eberhart focuses his practice on the representation of technology companies, primarily in intellectual property litigation. David’s practice also encompasses business torts and antitrust litigation for technology companies. He has significant experience in all phases of litigation through trial and appeal.

Admissions

Bar Admissions

  • California

Court Admissions

  • US District Court, Northern, Central, and Eastern Districts of California
  • US Court of Appeals, Ninth Circuit

Education

  • University of Michigan, J.D., 1992: magna cum laude; Order of the Coif
  • Dartmouth College, A.B., 1989

Professional Activities

Member

  • American Intellectual Property Law Association
  • Bar Association of San Francisco

Author

  • Digital Wire-Frame Models Not Automatically Entitled to Copyright Protection (O’Melveny Copyright, Trademark and Internet Law Alert, June 2008)
  • Currently lead counsel defending a major consumer electronics company against trade secrets claims alleging that plaintiff’s former Chief Technology Officer, now employed by the defendant, conspired with the defendant to steal plaintiff’s trade secrets, sabotage the company, and raid its core engineering team.
  • Defended electronic design automation software developer in defending technically-intense copyright infringement and breach of contract claims by another software developer; after a hearing on the client’s motion to dismiss the plaintiff agreed to settle and dismiss the case on confidential terms.
  • Stepped in two weeks before trial to act as trial counsel defending against breach of contract and tortious interference claims alleging that defendants undervalued an internet flash sale business to avoid triggering an earnout clause in a merger agreement; after a month-long trial, the jury returned a verdict fully in favor of the defense.
  • Served as lead counsel for a major consumer electronics company in asserting trademark infringement, dilution, and unfair competition claims against a large Internet-based retailer involving a mobile software download service.
  • Currently defending a major online auction service against claims that it knowingly abetted the sale of counterfeit products in a case that attempts to shift from brand owners to auction sites the responsibility to police trademark infringement.
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