David  Harris

David Harris

CounselNew York, NY

T: (212) 448-1100

F: (212) 448-0066

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Biography

David Harris is a Counsel in the litigation department, focusing primarily on all forms of intellectual property, including where it intersects with other aspects of commercial litigation. He has advised and litigated in a wide range of industries, including media and entertainment, pharmaceuticals, telecommunications, aerospace, social media, photography, online merchandise, and biotechnology. He has extensive experience with all phases of litigation, from the evaluation of potential claims and pre-filing resolution through settlement negotiation, trial, and appeal.  Matters representative of David's practice include the following:

Media, Entertainment, and Telecommunications

  • Pre-litigation enforcement and resolution of non-public disputes on behalf of leading media company regarding First Amendment, rights of publicity/privacy, and trademark law. Advice addressed a variety of issues, including responses to subpoenas impacting news-reporting privileges; enforcement of intellectual property rights across social media platforms regarding piracy, merchandising, and impersonation; and oversight of international counsel before foreign media agencies.
  • Counseled television production company regarding right of publicity, copyright, and trademark usage, to conduct ongoing script review and assist in the formatting of in-development unscripted programs.
  • Patent litigation on behalf of major cable company regarding Asynchronous Transfer Mode and Internet Protocol technology involved in online data transmission underlying modern internet communications.
  • Copyright litigation in defense of publisher of an unauthorized Harry Potter encyclopedia, focusing on factual investigation and expert development regarding literary commentary and fair use.

Pharmaceuticals and Biotechnology

  • Multiple patent litigations on behalf of major pharmaceutical companies, for enforcement of and defense against patent claims. The patent claims at issue have included a range of technologies, including chemical compositions, methods of treatment, monoclonal antibodies, genetic sequencing tests, and tablet manufacture.
  • Member of national counsel team in successful defense of a multi-district product liability litigation regarding a life-saving blood thinner, including multiple victorious bellwether trials prior to settlement.
  • Patent litigation regarding artificial biofuels, focusing on injunctive relief to preserve exclusive access to burgeoning industrial market.

Engineering and Electronics

  • Litigation involving mixed issues of patent and trade dress, with related ITC proceedings, regarding disputed aerospace technology between competitors and former partners. Technologies involved multiple airplane components, and implicated complex issues related to importation and international data-sharing.
  • Defended camera company in multi-defendant patent litigations. Sought invalidation of patents claiming a digital processing system integrating color and spatial information alongside numerous camera manufacturers and retailers; and patents claiming a method of indexing and retrieving information in digital catalogues alongside numerous online retailers.

Pro Bono and Impact Litigation

  • Represented deaf clients in several litigations in federal court seeking American Sign Language interpreters in homeless shelters and prisons under the Americans with Disabilities Act, including partnership with Department of Justice Civil Rights Division, ACLU, and New York Center for Law & Justice.
  • Written on behalf of amici on national issues affecting LGBTQ+ civil rights, in partnership with Lambda Legal and additional pro bono organizations.

 

David currently serves as Co-Chair of the ABA Section of Litigation's Copyright Sub-Committee, where he has written and spoken on a wide range of copyright issues, including character copyright, prerequisites to infringement litigation, transformative use, and copyrights in photography and other visual works. He was named a "Rising Star" in Super Lawyers' New York Metro ratings each year from 2015 to 2020.