David Makous

Partner | Litigation

About

David is one of the top-rated Intellectual Property Litigation attorneys in Los Angeles and his practice focuses on domestic and international intellectual property, technology, media, communications, and entertainment matters.

  • During his career, David has assisted in the domestic and global build out of several technologies and product lines. Notably, David has been lead counsel on multiple Inter Partes Reviews (IPRs) before the Patent Trial and Appeal Board; lead counsel on many patent, trademark, copyright, trade secret, franchise and unfair competition cases and administrative matters from commencement through appeals.

    He has handled numerous class actions arising out of online practices, alleged false advertising of nutraceuticals, footwear, and other consumer products; franchise offerings and disputes; and unfair fraudulent or deceptive sales practice.

    David has been selected as a SuperLawyer of Southern California and SuperLawyer of Northern California thirteen times between 2006 and 2022. In 2008, he received the Public Citizenship Award from the Asthma and Allergy Foundation of America, and until recently served on the board of directors for The Barrio LaPlanta Project, a non-profit children’s education project in Nicaragua.

    He is also an eminent writer, having recently published “Compulsory IP Licensing, Standards Setting, Standards Essential Patents and FRAND”; “Intellectual Property Law 2015, ‘Examining the Pendulum: How Courts are Returning to a Flexible Approach for Injunction and Damage Determinations’; and “Understanding Patent Reform Implications: Leading Lawyers on Defining Key Issues, Interpreting present Proposed Legislation, and Projecting Future Developments.”

    David has a Bachelor’s Degree in Zoology from Duke University and a Juris Doctor from the University of Pittsburgh. He is admitted to practice in California, before several United States District Courts, and United States Court of Appeals for the Ninth Circuit, Federal Circuit, and other US Courts of Appeal, and is registered with the United States Patent and Trademark Office as a registered patent attorney.

Practices

  • Intellectual Property Litigation

  • Class Action Defense

Admissions

  • California

  • US PTO

Education

  • University of Pittsburgh, JD, 1978

  • Duke University, AB, 1973

Experience

  • FisherBroyles, LLP

  • Lee Hong Degerman Kang Waimey, Counsel

  • Fulwider Patton, Capital Partner

  • Lyon and Lyon, Associate

Representative Transactions

Selected Reported Cases As Lead Counsel:

  • COM, INC. V. EDRIVER, INC., 633 F. SUPP. 2D 1063 (C.D. CAL. 2008), And 653 F.3D 820 (9TH CIR. JULY 28, 2011);

  • KIA MOTORS AMERICA, INC. V AUTO DISTRIBUTING, 90 USPQ 2D 1598 (D. MINN. 2009);

  • MAGNACOUSTICS, INC. V. RESONANCE TECHNOLOGY CO. 44 U.S.P.Q.2D, 1957 (FED. CIR. 1997);

  • HONDA GIKEN KOGYO KABUSHIKI KAISHA V. H-D MICHIGAN, INC., 43 U.S.P.Q. 2D 1526 (T.T.A.B. 1997);

  • INTEX RECREATION CORP. V. METALAST, S.A. SOCIEDAD UNIPERSONAL, 245 F.SUPP.2D 65, (D.D.C., FEB. 12, 2003);

  • MERLE NORMAN COSMETICS, INC. V. MARTIN, 18 U.S.D.C. 2D 1848 (9TH CIR. 1990); SMITH V. INTEX RECREATION CORP., 755 F.SUPP. 712 (M.D.LA. 1991);

  • PRINTERS SERVICES CO. V. BONDURANT, 20 U.S.D.C. 2D 1626 (C.D. CAL. 1991);

  • NATIONAL YELLOW PAGE SERVICE ASSOCIATION V. O’CONNOR AGENCY, 9 U.S.P.Q. 2D 1516 (C.D. CAL. 1988);

  • INTEX RECREATION CORP. V. HASBRO, INC., 3 F.SUPP. 2D 1102 (C.D. CAL. 1998);

  • ARMINAK & ASSOCIATES, INC. V. ST. GOBAIN CALMAR, INC., 2006 501 F.3D 1314 (FED. CIR. 2007);

  • JAY BHARAT DEVELOPERS, INC. V. JIM MINIDIS, 167 CAL.APP.4TH 437, 2008;

Presentations and Teaching Experience

  • Judge, Saul Lefkowitz INTA Moot Court Competition Feb 2024

  • Contributor, DHS, AEP Protecting Sensitive Information and Intellectual Property, June 2021

  • Adjunct Professor of Law, Conflicts of Laws, Glendale University School of Law, 2010 – 2011, accredited State Bar of California, http://www.glendalelaw.edu

  • Panelist, Webcast, Significant IP Strategies for Wearable Technology in 2016 & Beyond, Feb. 2016, Knowledge Group Webcast Series

  • Panelist, Patent Litigation Roundtable, California Lawyer Magazine, San Francisco, July 2008

  • Panelist, Patent Litigation Roundtable, California Lawyer Magazine, San Francisco, July 2007

  • Guest Lecturer, Copyright and Intellectual Property Law, American Jewish University (formerly University of Judaism), Los Angeles, September 2008

  • Guest lecturer, Dept. of Engineering, California State University Northridge, computer and media law, 2005, 2009

  • Guest Lecturer, Otis School of Design, Los Angeles, Computer Methods and Web Design Issues, 1994, 2005

  • Speaker, Peoples Republic of China, Official Governmental Visiting Trade Groups, US Intellectual Property Law, Los Angeles and San Francisco, 1993 – 1996

  • Speaker, Los Angeles County Bar Association, public orientation to the law, 1980 – 1981

  • Panelist, Pricewaterhousecoopers Intellectual Property Leadership Forum, Plenary Session, February 2001, Intellectual Property and E-commerce Issues, Palm Desert

  • Panelist, Pricewaterhousecoopers Intellectual Property Leadership Forum, Domain Names and Related Issues, February 2000, Palm Desert

  • Moderator, INTA, Introduction to Madrid Protocol program, National Videoconference, 2004 Panelist,

  • ABA Annual Meeting, 2006, Tort Litigation Section, Intellectual Property Litigation, Honolulu

Publications

  • “Compulsory IP Licensing, Standards Setting, Standards Essential Patents and FRAND”, Intellectual Property Licensing Strategies, Inside the Minds Series, Thomson Reuters, April, 2014

  • “Intellectual Property Law 2015, ‘Examining the Pendulum: How Courts are Returning to a Flexible Approach for Injunction and Damage Determinations’, Aspatore Thought Leadership, Thomson Reuters, February, 2015

  • “Understanding Patent Reform Implications: Leading Lawyers on Defining Key Issues, Interpreting present Proposed Legislation, and Projecting Future Developments (Inside the Minds series)”, 2009, Thomson Reuters

  • “Trade Secrets Practice in California,” Second and Subsequent Editions, CEB, 1996-2010, Chapters on: “Exploiting Trade Secrets by Licensing”; “Sample Trade Secret License”; “International Aspects of Trade Secrets Law”

  • “Website Liability Arising in the Management of Chat Room, Bulletin Boards, and other Forums,” Entertainment, Publishing and the Arts handbook, 2000 – 2001 Edition

  • “Drafting Grant Clauses for Agreements involving Intellectual Property,” California Busines Law Practitioner, CEB, Fall 1995, vol. 10, no. 4