901 East Cary Street
Richmond, Virginia 23219
Dave is an intellectual property litigator with substantial experience handling a wide range of complex disputes. His practice emphasizes patent litigation matters across a broad spectrum of technologies, with a particular focus in the fields of telecommunications, computer software and hardware, and e-commerce. He also represents clients in copyright, trade secret, domain name and other IP disputes. Dave regularly appears before the Eastern District of Virginia, and also litigates patent cases throughout the United States, including in patent hot spots such as the Eastern District of Texas, District of Delaware, Central District of California, Northern District of California, and the District of New Jersey.
In addition to litigation, Dave helps lead the firm’s unclaimed property practice. He counsels clients large and small, among them Fortune 500 companies in the retail, telecommunications, banking and energy sectors, on a wide array of unclaimed property issues. These include state reporting requirements and exemptions, voluntary disclosure agreements, electronic instruments such as gift cards and debit cards, and contract drafting and corporate formation considerations. Dave regularly handles the defense of audits by state unclaimed property departments and their contingent-fee auditors. In a time of increased unclaimed property activity by the states, clients turn to Dave for guidance in this important and expanding area of the law.
|Areas of Practice||1) Intellectual Property, 2) Intellectual Property Litigation, 3) Patent Litigation and 4) Lanham Act/Copyright Litigation|
|Law School||University of Virginia, JD, 1999|
|Education||University of Virginia, B.A., 1993|
|Bar Member / Association||District of Columbia Bar Association, Utah State Bar Association, Virginia State Bar Association|
|Most recent firm||McGuireWoods LLP|
Benjamin P. Smith is a partner in Morgan Lewis's Litigation Practice. He is a trial lawyer with a particular focus on high-stakes disputes in the biotechnology, medical device, and internet industries.