David Ludwig

David’s practice focuses on civil litigation in the areas of patent, trademark, copyright, internet / domain names, commercial transactions, government contracts, community associations, and bankruptcy law / creditors’ rights, as well as trademark and copyright prosecution, and corporate and small business law. He is co-chair of the firm’s litigation group, supervising several lawyers, and he has served as an attorney for local and national clients in federal and state court litigation and arbitration matters, as well as in bankruptcy proceedings, TTAB disputes (trademark Notice of Opposition and trademark Petition to Cancel proceedings), domain name disputes (ACPA, UDRP, and URS proceedings), government contract bid protests and Tucker Act litigation, and numerous other forums and proceedings.

David Ludwig has represented manufacturing companies in complex patent infringement matters, technology companies in trademark infringement matters, and copyright holders in infringement actions against the likes of Disney and ABC. In 2012, David made new law in Virginia by successfully arguing to the Virginia Supreme Court that a prevailing homeowner is entitled to recover attorneys’ fees in a claim against a Homeowners Association that has violated the provisions of its own governing documents.

A sample of David’s representative cases are below:

Disclaimer: Case results depend upon a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any future case.

  • Chaikin v. XID Technologies, Inc., Case No. 12-282 (E.D. Va. 2013): Defended a Singapore based technology company that develops facial recognition software that was accused, by a former employee, of taking an invalid assignment of a former employee’s interest in the patent applications registered with the United States Patent and Trademark Office. Successfully secured an early dismissal of the lawsuit upon jurisdictional grounds.
  • Oracle America, Inc. v. Service Key LLC, et al., Case No. 12-790 (N.D. Cal. 2013): Defended an information technology government contractor that was accused, by Oracle, of copyright infringement and violations of the Computer Fraud and Abuse Act relating to downloads of firmware upgrades and software patches from Oracle in service of governmental clients.
  • Manchester Oaks Homeowners Ass’n v. Batt, 284 Va. 409, 732 S.E.2d 690 (2012): Successfully challenged an HOA’s discriminatory parking policy that was enacted in violation of the provisions HOA’s governing documents, resulting in Judgment in favor of clients of in the amount of $223,303.70. On appeal, made new law in support of aggrieved homeowners by successfully arguing that the Virginia Property Owners’ Association Act allows aggrieved homeowners to recover their attorneys’ fees in such cases.

David attended law school at The George Washington University Law School where he served as a student teacher of legal research and writing and an articles editor for the American Intellectual Property Law Association (AIPLA) Quarterly Journal. Prior to joining the firm, David worked for a boutique D.C. firm that specialized in litigation and legislative policy work in the areas of copyright and constitutional law.

Currently, in addition to his work with the firm, David also serves on the Board of Directors of Every Citizen Has Opportunities, Inc., a non-profit that provides comprehensive, individualized employment, vocational training, and community integration opportunities for persons with intellectual and developmental disabilities. David is a LegalZoom “Advantage” Attorney who provides LegalZoom.com visitors with insightful answers to their business-related legal questions and concerns. David is also an adjunct professor of scholarly writing at The George Washington University Law School, working with law students that are writing notes for publication in the AIPLA Quarterly Journal, and he regularly speaks and conducts seminars on internet, trademark, intellectual property, litigation, and creditors’ rights issues.

PRACTICE AREAS:

Bar Admissions:

  • Virginia
  • Maryland
  • District of Columbia
  • Georgia
  • U.S. Supreme Court
  • U.S. Courts of Appeals — Federal Circuit, District of Columbia Circuit, Fourth Circuit, and Third Circuit
  • U.S. District Courts — Eastern District of Virginia, Western District of Virginia, District of Maryland, District of Columbia, District of Colorado, Eastern District of Texas, and Middle District of Georgia
  • U.S. Bankruptcy Courts — Eastern District of Virginia, Western District of Virginia, District of Maryland, District of Columbia, and Middle District of Georgia
  • U.S. Court of Federal Claims
  • U.S. Tax Court

Professional Associations & Memberships:

  • American Bar Association, Intellectual Property Section
  • American Intellectual Property Law Association
  • International Trademark Association
  • Federal Bar Association
  • Virginia Bar Association
  • District of Columbia Bar Association
  • Maryland State Bar Association
  • Georgia Bar Association
  • Fairfax County Bar Association
  • Loudoun County Bar Association
  • Prince William County Bar Association
  • Every Citizen Has Opportunities, Inc. (ECHO), Board Member

Published Works:

Classes/Seminars Taught:

Education:

  • The George Washington University Law School

About the Author

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