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Haynes and Boone, LLP

David H. Harper

David H. Harper

Partner

Haynes and Boone, LLP
Texas, U.S.A.

tel: +1 214 651 5247
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Profile
David Harper is a Haynes and Boone partner, trial lawyer and member of the firm's board of directors. David solves clients' complex business problems and implements their strategies both in the courtroom and the boardroom as a trusted business advisor. He has served as lead counsel for the most significant and complex disputes clients have - ranging from semiconductor fabrication patent and trade secret litigation to disputes about the sale of major businesses.

Teams that David has led or co-led have achieved remarkable success. For example, his team recently successfully defended a major semiconductor fabrication company in a patent infringement case in which the plaintiff conceded defeat in the trial court after a favorable Markman ruling. He successfully defended clients in a multi-week trial and then on appeal against claims of copyright infringement regarding video distribution rights. He also led a team that defeated claims in the trial court of alleged theft of software as trade secrets. Likewise in business disputes, he recently pursued claims for fraud against sellers of a business to a major work wear manufacturing company which was then mutually settled. David and the Haynes and Boone team he led won a multi-year battle defeating claims of alleged shareholder oppression in the Texas Supreme Court. And, he defended and resolved multiple lawsuits against the prominent founder of a major independent oil and gas company from claims about buyouts of other investors.

David's skills are sought out by boards seeking him as a member, including Baylor University, where he has served for several years as the chair of multiple committees. David has also served in significant leadership roles in the firm, including as the co-chair of the firm's overall litigation practice and on multiple firm management committees.

David has been recognized in The Best Lawyers in America, Woodward/White, Inc., for Litigation - Intellectual Property, 2014-2018; Texas Super Lawyers, Thomson Reuters, 2003-2017; and is peer-review rated as AV Preeminent by Martindale Hubbell Law Directory.

Education

J.D., Harvard University, 1991, cum laude; Senior Editor, Journal of Law and Public Policy
B.B.A., Economics and Finance, Baylor University, 1988, summa cum laude
Areas of Practice
Professional Career

Significant Accomplishments

Intellectual Property:

Successful defense in the trial court of Taiwan Semiconductor Manufacturing Company in patent litigation regarding lithography technology (DSS Technology Management, Inc. v. Taiwan Semiconductor Mfg. Co., Ltd., No. 2:14-cv-199-RSP, 2015 WL 1737732 (E.D. Tex. April 8, 2015) (upheld by 642 Fed. App'x 1006 (Fed. Cir. 2016))).

Part of successful TSMC trial team winning claims of theft of semiconductor trade secrets as plaintiff against Chinese fab, SMIC.

Successfully trying claims of breach of copyright license and distribution agreement for creator of Barney® children's television series.

Leading a copyright enforcement campaign for major software company, including litigation.

Successful defense of multiple patent infringement lawsuits related to many technologies, including telecommunications and semiconductors.

Enforcing e-commerce trademarks against alleged cybersquatters (Carrot Bunch Co., Inc. v. Computer Friends, Inc., 218 F.Supp. 2d 820 (N.D. Tex. 2002)).

Defeating copyright claims about television reality series against a major sports league.
Securing summary judgment on claims that domain name registrar did not violate federal Anticybersquatting Consumer Protection Act of 1999 and Texas trademark anti-dilution statute (Lockheed Martin v. Network Solutions, Inc., 141 F. Supp. 2d 648 (N.D. Tex. 2001)).

Enforcing e-commerce forum selection clause in a case of first impression in Texas (Barnett v. Network Solutions, Inc., 38 S.W.3d 200, (Tex. App. - Eastland, pet. denied 2001)).

Securing injunctive relief against employees to prevent their use of stolen trade secrets.

Defense of major telecommunications company in false advertising disputes and trademark oppositions before TTAB.


Complex Business Disputes:

Defense of claims of shareholder oppression and breach of fiduciary duty at trial and appeal brought against privately held software company.

Defending a trust against multi-million dollar claims of fraud, breach of fiduciary duty and conspiracy in a real estate transaction.

Successful defense and resolution of complex partnership dispute and business separation.


Software:

Trying and defeating claims of software copyright infringement brought by former employee against major car rental company (Wood v. Cendant Corporation and Avis Holdings Group, Inc., 2006 WL 2045839 (N.D. Okla.).

Prosecuted and resolved software copyright infringement and breach of license agreement claims for software provider against Fortune 5 company.

Representing both software providers and customers in complex disputes over implementations of software.


Media, Libel and Invasion of Privacy:

Obtained summary judgment for financial publisher over alleged violations of federal and state securities laws.

Multiple successful defenses of author of Stolen Valor in libel claims brought by individuals making false claims of military service and honors.

Regularly advise media companies on pre-publication review issues.

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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