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Haynes and Boone

David L. McCombs

David L. McCombs

Partner

Expertise

  • International
  • Social Media
  • Intellectual Property

WSG Practice Industries

Activity

Haynes and Boone
Texas, U.S.A.

WSG Leadership

Patent Law Workshop Group
Member
ABA Group
Member
Profile
David McCombs is primary counsel for many leading corporations in inter partes review (IPR) and is regularly identified as one of the most active attorneys appearing before the Patent Trial and Appeal Board (PTAB). His practice spans 35 years and includes appellate argument, patent litigation, and portfolio development.

McCombs is recognized for having a “strong Federal Circuit patent litigation practice and prominent PTAB expertise.” (Chambers Global 2019). He is described as “one of the best, not just of patent practitioners but practitioners generally” and lauded as “extremely organized, responsive, thoughtful, and calm.” (Chambers Global 2020).

McCombs has also been highlighted as “a leading practitioner when it comes to the thoughtful and strategic analysis of patents in the marketplace and critical opinion work” (IAM Patent 1000, 2019).

McCombs is the co-author of “Intellectual Property Law,” published annually by The SMU Law Review (2010-present), and an adjunct professor at SMU Dedman School of Law.

Separate from his law practice, McCombs serves as a Commissioner for the Smithsonian Institution’s National Portrait Gallery in Washington, D.C.

Prior to joining Haynes and Boone in 1989, he served as in-house patent counsel for a diversified technology company located in Research Triangle Park, North Carolina, with a long history of developing breakthrough chemical/material science, diagnostic, robotics, and motion management technologies.

McCombs is AV Peer Review Rated Preeminent by Martindale-Hubbell Law Directory.

McCombs is active in many continuing legal education organizations, and regularly writes and speaks on a variety of topics related to patent law and intellectual property litigation. He serves on the conference planning committee and faculty for the Annual Silicon Valley Advanced Patent Law Institute, jointly sponsored by the Stanford Program in Law, Science, & Technology, and the Berkeley Center for Law & Technology at Boalt Hall (2001-present). He also serves on the conference planning committee and faculty for the Advanced Patent Law Institute at the United States Patent and Trademark Office in Alexandria, Virginia, jointly sponsored with the University of Texas School of Law, George Mason School of Law, and the United States Patent and Trademark Office (2006-present).

Bar Admissions

Texas
U.S. Patent and Trademark Office

Education

J.D. University of Miami, 1984
B.S. Physics, Denison University, 1981
Areas of Practice

Intellectual Property | International | Social Media

Professional Career

Significant Accomplishments

Lead counsel in numerous inter partes reviews before the U.S. Patent & Trademark Office’s Patent Trial and Appeal Board.

World's largest dedicated semiconductor foundry - representations in federal and state court proceedings, transactions, and patent procurement related to semiconductor devices and processing technologies
Leading U.S. silicon innovation manufacturer - multiple inter partes patent reexaminations involving concurrent litigation.

Leading U.S. open source software developer - numerous representations in patent disputes, transactions, portfolio development, patent procurement, and reform policy.

Telephone equipment manufacturer - defense of patent infringement action involving SS7 network for mobile phones.

Global oil field service company - numerous representations in patent and trade secret disputes and licensing transactions.

Telecommunications service provider - enforcement of patents covering the electronic processing of call detail records against major long distance providers, several RBOCs, and other service providers
Leading medical device company - representations in defense of actions for patent infringement and misappropriation of trade secrets; patent prosecution; and patent licensing.

Counsel to Department of Justice in the matter of Summit Technology, Inc. and VISX, Inc. involving dissolution of patent pooling arrangement for patents on LASIK eye surgery.

Neutral Arbitration of dispute between major airline and information technology service provider
Mediator in patent litigation between oil field tool manufacturers.
Articles

David McCombs, Eugene Goryunov, Dina Blikshteyn and Roy Falik in Bloomberg Law: ‘COVID Testing and Patentability’
Haynes and Boone, March 2021

In September 2020, a team of MIT researchers published a paper in the IEEE Open Journal of Engineering in Medicine and Biology, testing the hypothesis that coronavirus carriers—even asymptomatic ones—could be accurately detected using artificial intelligence (AI) based on only a phone recording of a forced cough.If this hypothesis is correct, the COVID-19 test can be accessible to people worldwide...

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