David R. Barnard

Experience

AOB Products v. Vista Outdoor Sales LLC - First chair represented nationally known sporting goods company in the District of Minnesota and a related counter-suit in the Western District of Missouri, enforcing utility patents in Minnesota and defending against utility patents in Missouri. Defeated motion to dismiss on 35 USC 101 grounds and obtained successful settlement of all disputed claims. See press release from PR Newswire.

AOB Products v. Good Sportsman Marketing LLC - Represented nationally known sporting goods company in the District of Delaware, enforcing utility patents and trademarks. Obtained early consent injunction and settlement. See press release from PR Newswire.

First chair defending food equipment manufacturer in three utility patent dispute in the Eastern District of Missouri with successful reversal of preliminary injunction by Federal Circuit and PTAB final determinations in IPRs finding all challenged claims of all three patents invalid.

Defended nationally-known retail company in patent dispute in the Western District of Texas.

Served as mediator successfully settling trademark infringement dispute filed in the District of Kansas.

Healthy Fiber LLC v. The Kroger Co. (E.D. Tx. 2017); IPR2018-00824 – First chair defending The Kroger Co. in the Eastern District of Texas against claim of patent infringement based on sale of products containing chemically modified food starch. Led defense for Kroger and MGP Ingredients, Inc. in related IPR. PTAB IPR institution decision finding all challenged claims likely invalid on multiple grounds. Case successfully settled with ongoing business solution.  Featured in Law360.

First chair defending nationally-known telecom company in utility patent infringement case in the Eastern District of Texas.

First chair defending nationally-known telecom company in utility patent infringement case in the Northern District of Ohio.

First chair defending nationally-known retail company in copyright infringement case in the Southern District of New York.

First chair defending nationally-known retail company in seven utility patent infringement case in the District of Utah. Obtained early dismissal.

Represented American Outdoor Brands in patent litigation involving five patents covering features of AOB's Frankford Arsenal^® Intellidropper^® electronic powder measure that resulted in an amicable settlement and further protected the client's intellectual property.

News

Speaking Engagements

"Intellectual Property Update," Business Law Update Webinar, May 2020

"Intellectual Property Update," Kansas City Business Law Update, March 2020

"Marketing Compliance: Copyright, Trademark & False Advertising," Marketing Matters Series, Nonprofit Connect, November 2019

Panelist, "Evolution of IP & Trends in Industry," AON and Stinson LLP CLE Program, June 2019

Speaker, "Intellectual Property Litigation Hot Topics," Stinson LLP's 2019 Business Law Update, Kansas City, MO, February 2019

Panelist, "Bet the Company Litigation – Insurance and Intellectual Property Litigation," Stinson Leonard Street's 2018 Business Law Update, Wichita, KS, April 2018

Speaker, "Patent Venue post TC Heartland," LAKC's 10th Annual IP CLE Program, February 2018

Panel Moderator, "Corporate Counsel's 7th Annual IP Trademark, Copyright & Licensing Forum: Strategies for Safeguarding Your Brand in the Digital Era," The University Club, New York, NY, November 2015

Speaker, "Litigation in the Technology Era: Regulatory and Litigation Risks from Social Media Advertising," Lathrop & Gage State of Litigation conference, June 2014

Speaker, "Top 10 Legal Pitfalls for Content Generators, Social Media Club of Kansas City," February 2014

Publications

"Social Media's Rise Makes Insurance Crucial for Most Companies," Bloomberg Law, August 2023

"Changes Reshape IP Litigation Landscape in Kansas," Kansas City Business Journal, July 2017

"Review of the Central Park Five," KC Counselor, April 2013

"Food False Advertising Class Actions on the Rise," Inside Counsel, January 2012

"Photoshop: The Next False Advertising Risk?" Inside Counsel, November 2012

Co-author, "Model Order Has Import Beyond Patent Cases," National Law Journal, January 2012