David Almeling

Partner

Thank you for your interest. Before you communicate with one of our attorneys, please note: Any comments our attorneys share with you are general information and not legal advice. No attorney-client relationship will exist between you or your business and O’Melveny or any of its attorneys unless conflicts have been cleared, our management has given its approval, and an engagement letter has been signed. Meanwhile, you agree: we have no duty to advise you or provide you with legal assistance; you will not divulge any confidences or send any confidential or sensitive information to our attorneys (we are not in a position to keep it confidential and might be required to convey it to our clients); and, you may not use this contact to attempt to disqualify O’Melveny from representing other clients adverse to you or your business. By clicking "accept" you acknowledge receipt and agree to all of the terms of this paragraph and our Disclaimer.

pdf

David Almeling focuses his practice on both patent and trade secret litigation. He is also a leader in those fields. Among his other awards, David was recognized in IAM Patent 1000 – The World’s Leading Patent Professionals 2016, which described David as and “up-and-coming star” who “gets great results.” Legal 500 identified David in 2016 as one of “key figures in the trade secrets space.” David was also profiled for his trade secret work in The National Law Journal’s 2014 “Intellectual Property Trailblazers & Pioneers,” which highlights 50 of the top intellectual property lawyers across the country “who are raising the bar in intellectual property law.” And he is a nationally respected authority on patents and trade secrets. For example, David’s second book on trade secret law, Trade Secret Law and Corporate Strategy, was published by LexisNexis in 2015.

David has been successful in every stage of litigation, from securing fast and favorable results through early motion practice to winning jury trials (in both patent and trade secret cases) to preserving victories at the Federal Circuit. Clients also entrust David with a wide variety of non-litigation tasks, from conducting pre-filing patent analysis to investigating alleged trade secret theft to advising companies regarding employee mobility issues. He has also represented clients at the U.S. Patent & Trademark Office (“PTO”), including serving as first chair at Inter Partes Review hearings. 

Honors & Awards

  • Recognized in the IAM Patent 1000 – The World’s Leading Patent Professionals 2016, which described David as and “up-and-coming star” who “gets great results.”
  • Identified in Legal 500 (2016) as one of “key figures in the trade secrets space.”
  • Named in The National Law Journal’s 2014 list of “Intellectual Property Trailblazers & Pioneers,” which highlights the top 50 intellectual property lawyers “who are raising the bar in intellectual property law.”
  • Recipient of a 2014 Distinguished Legal Writing Award from the Burton Awards.
  • Named on The Recorder’s 2013 list of “Lawyers on the Fast Track,” which identifies 50 California lawyers “whose early accomplishments indicate they will be tomorrow’s top lawyers and leaders.”
  • Named a “Rising Star” in intellectual property litigation in each of the 2013-2016 surveys conducted by Law & Politics Media Inc. and published in Northern California’s Super Lawyers magazine and San Francisco magazine.

Admissions

Bar Admissions

  • California

Court Admissions

  • US District Court, Northern, Southern, Central, and Eastern Districts of California
  • US Court of Appeals, Ninth, Eleventh, and Federal Circuits
  • US Supreme Court

Education

  • Duke University, J.D.: high honors; Order of the Coif; note editor, Duke Law Journal; Moot Court Board
  • University of Florida, B.A., Political Science: highest honors; valedictorian; Phi Beta Kappa

Professional Activities

Clerkships

  • Honorable Gerald B. Tjoflat, US Court of Appeals, Eleventh Circuit (2004-05)

Former Chair

  • Best Practices Subcommittee, Media Relations Subcommittee and the Amicus Subcommittee of the Trade Secret Committee of the American Intellectual Property Law Association

Member

Former Programming Director

  • Trade Secret Committee of the California Bar Association

Author

Speaker

  • “New Patent and Trade Secret Issues Impacting Business Transactions,” Practicing Law Institute (February 25, 2016)
  • “IP Issues in Business Transactions: Trade Secrets, Utility Patents, and Design Patents,” Practicing Law Institute (February 26, 2015)
  • “Understanding IP Law for In-House Counsel and Other Non-IP Lawyers,” Bridgeport Continuing Education (February 13, 2015)
  • “Developing Best Practices for Protecting Trade Secrets,” Trade Secret Summit (December 5, 2014)
  • “New Trade Secret Legislation and the Changing Rules of Trade Secret Litigation,” Bridgeport Continuing Education (June 17, 2014)
  • “Updates on Recent Developments in Trade Secret Law: Legislation, Litigation, and Business,” American Intellectual Property Law Association (May 16, 2014)
  • “New Legal Issues Impacting IP Transactions: Copyrights, Trademarks, Domain Names, Patents, and Trade Secrets,” Practicing Law Institute (February 27, 2014)
  • “Patents vs. Trade Secrets: Best Practices for Protecting and Enforcing IP,” California Bar Association Intellectual Property Law Section (August 7, 2013)
  • “What Lawyers and Their Clients Need to Know about the Changing Balance of Power Between Trade Secrets and Patents,” American Intellectual Property Law Association (April 23, 2013)
  • “Introduction to Trade Secret Law, Its Increasing Importance, and Its Changing Balance with Patent Law,” University of Washington School of Law (October 29, 2012)
  • “Understanding Patent Law and Trade Secret Law for In-House Counsel and Other Non-IP Lawyers,” Bridgeport Continuing Education (August 24, 2012)
  • “Why Trade Secret Litigation is Booming, and Why That Matters to Clients,” Sonoma County Bar Association (January 23, 2012)
  • “Why Every Lawyer Should Know More about Trade Secret Law,” California Bar Association IP Institute (November 11, 2011)
  • “Six Reasons That Trade Secrets Matter More and More to American Companies,” Bridgeport Continuing Education’s Prosecuting and Defending Corporate Raiding, Customer Trade Secret, and Employee Mobility Cases (February 25, 2011)
  • “Trade Secret Litigation - A Statistical Analysis of Recent Trends and Implications,” California State Bar Cyber Institute (January 19, 2011)
  • “Trade Secret Considerations for In-House Counsel and Executives,” California State Bar Cyber Institute (January 11, 2011)
  • “Someone Stole My Trade Secrets, Now What Do I Do?” Joint CLE provided by O’Melveny & Myers and Navigant Consulting (October 12, 2010)
  • “The Evolution of Trade Secret Law: Reflecting on 30 Years of the Uniform Trade Secrets Act,” Hamline Law Review Symposium (April 16, 2010)

Adjunct Teaching Position

  • Trade Secret Law, Santa Clara University School of Law (2014); Advanced Patent Law, Santa Clara University School of Law (2007)

Patent Litigation

  • Defended an industry-leading, Mountain View-based multinational public cloud computing company in twelve patent cases, including serving as a second chair in a jury trial in D. Del. and achieving an across-the-victory with verdicts of invalidity and noninfringement in a case involving terrain visualization software where the plaintiff sought more than $100 million in damages. Another was an E.D. Tex. case involving a web-based interactive map technology that resulted in a complete victory in which the PTO invalidated the asserted patent. David is currently defending the company in several cases, including one in S.D. Cal. involving the organization of map data on portable wireless devices; one in N.D. Tex. and the Federal Circuit involving three patents relating to computer graphics; and one in M.D. Fla. involving three patents relating to generating video and image data.
  • Defended a Korea-based, multinational public electronics company in five patent cases. One in D. Del. involved a method of providing driving directions and resulted in complete victory in which the patent was invalidated by the PTO. David is currently defending the company in several cases, including one in N.D. Cal. involving a handheld GPS device.
  • Defended a Fortune 50 consumer electronics company in several patent cases, including one that involved antivirus software that resulted in a favorable settlement that led to licensing a portfolio of patents shortly after service of strong invalidity contentions. (D. Del., S.D. Fla., E.D. Tex., W.D. Wash.)
  • Represented a San Jose-based public semiconductor manufacturer in several patent cases. One in E.D. Pa. involved voltage and temperature compensated amplifiers and resulted in a complete victory in which the case was dismissed shortly after O’Melveny filed a Rule 11 motion. Two other cases resulted in a fast and favorable settlement: one in N.D. Cal. involved all-silicon oscillators for generating clock signals and the other in E.D. Tex. involved PCI Express technology.
  • Represented a biometric payment solutions company in an appeal that decided the ownership of fifteen patents, resulting in a Federal Circuit decision that gave a complete victory to the company. (Federal Circuit)
  • Represented two leading multinational consumer electronics companies in asserting patent infringement claims against a provider of wireless networking technology, resulting in a Federal Circuit decision approving, for the first time, of proving infringement through compliance with a technical standard. (Federal Circuit and W.D. Wis.)
  • Currently defending a California-based leading provider of video streaming services in two patent cases, both in C.D. Cal.: one involves a method for creating and streaming interactive video and the other involves a method for managing and marketing digital video.
  • David also has substantial experience and success advising companies regarding proceedings in the PTO. He has been involved in more than two dozen ex parte and inter partes reexaminations and over a dozen Inter Partes Review and Covered Business Method proceedings.

Trade Secret and Other Matters

  • Represented a subsidiary of a California-based public company that provides analog and mixed-signal semiconductors in a trade secret and breach of contract case involving power management semiconductor technology that resulted in a summary jury trial victory and then a favorable post-verdict settlement. (Texas state court)
  • Represented a biometric sensors company against two former employees in arbitration involving claims of breach of contract and trade secret misappropriation. David served as second chair at the two-day arbitration in front of a former federal judge, who found in the company’s favor that the former employees breached certain provisions of the applicable agreements, including provisions regarding trade secrets. (JAMS)
  • Represented a medical device company in six simultaneous cases involving software and hardware used to design orthodontic braces, resulting in a favorable settlement that included a significant payment to the client. The cases involved trade secret, trademark, and other claims. (N.D. Cal., W.D. Wis., ITC, and California state court)
  • Represented a fabless semiconductor company based in California in a trade secret and breach of contract case involving network architecture technology that resulted in a favorable settlement. (California state court)
  • Defended an innovator of HD semiconductor chips in a case that involved trade secret, copyright, antitrust, and unfair competition claims. After the successful defeat of a motion for preliminary injunction on the trade secret claim, the litigation was resolved through a favorable settlement. (N.D. Cal.)
  • Defended the world’s largest manufacturer of watersports towboats, in a trade secret and design patent case involving marine windshields, resulting in a favorable settlement. (M.D. Fla.)
  • Represented a Texas-based mass media company in several trade secret disputes and in a high-profile employee mobility lawsuit involving a radio personality that resulted in a favorable settlement after David helped defeat a motion for preliminary injunction. (California state court)
  • Represented a leader in biometric fingerprint security solutions in a case involving trade secret claims, resulting in a favorable settlement that created the world’s largest provider of fingerprint sensors and identity management software. (N.D. Cal.)
  • Represented the International Olympic Committee in a trademark infringement case against various websites that sold fraudulent tickets, resulting in a complete victory in the form of permanent injunctions against the websites. (D. Ariz. and N.D. Cal.)
  • Represented a large number of companies and individuals — both trade secret owners and alleged misappropriators — in various aspects of civil and criminal trade secret disputes that did not go to court, including devising trade secret protection programs, investigating alleged misappropriation and valuing trade secret claims, drafting cease-and-desist letters, responding to cease-and-desist letters, enforcing and defending against non-competition agreements, negotiating pre-litigation resolutions, hiring and terminating employees, and dealing with issues related to employee mobility.
  • Represented, pro bono, a plaintiff who alleged a school district discriminated against her because of her Egyptian nationality and Islamic faith. David helped secure, at the time, the then-second largest award in a hostile school environment claim. (Ninth Circuit and D. Nev.)