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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 chairs the firm's Litigation North section, which includes the firm's IP litigators, many of the firm's business litigators and appellate lawyers and its insurance coverage litigators. In his practice, he has had broad business litigation experience with a particular emphasis on intellectual property litigation, technology litigation and media litigation. His intellectual property litigation experience covers copyrights, trademarks and domain names, software, trade secrets and patents. He handles a variety of technology-related disputes, including many involving software development. David also represents media and entertainment companies, including on claims of libel, invasion of privacy, licensing, publishing and distribution disputes. His experience covers a wide array of industries such as energy, real estate, financial services and manufacturing.

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 at trial of claims of copyright infringement, breach of license agreement and misappropriation of name brought by nationally syndicated radio show host against stage play production company and DVD distributor.

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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