Philadelphia, Pennsylvania 19103
David W. Marston, Jr. is a partner in Morgan Lewis's Intellectual Property and Litigation practices and is a member of the firm's Class Action Working Group. His practice focuses on complex commercial issues, with particular emphasis on intellectual property litigation and class actions. Mr. Marston represents clients from a wide range of industries, including manufacturing, computer software and hardware, media, and information technology. He represents plaintiffs and defendants in federal and state court litigation and has also represented clients in international arbitrations. He handles all aspects of litigation from inception through trial and post-trial appeals.
In December 2012, Mr. Marston successfully defeated certification in a class action filed in the U.S. District Court for the Southern District of New York alleging copyright infringement claims against an international publishing company. In January 2013, the court awarded summary judgment in favor of Mr. Marston's client in a subsequent class action filed by the same party.
In 2012, Mr. Marston was second chair at a patent infringement trial in the Western District of Pennsylvania in a case filed by a university against a medical manufacturing company. A Pennsylvania federal jury awarded nearly $37 million to Mr. Marston's client after finding that the defendant willfully infringed a patent for a device used in radiation cancer treatments. The jury verdict represented one of the Top 100 Verdicts of 2012 and ultimately led to a judgment in favor of Mr. Marston's client for more than $100 million.
In August 2012, Mr. Marston successfully defended a hospital company against qui tam and whistleblower claims under the federal False Claims Act. The U.S. District Court in the Middle District of Pennsylvania dismissed all claims asserted by the whistleblower against Mr. Marston's client.
In December 2010, Mr. Marston successfully defended a large multinational corporation before the American Arbitration Association against breach of contract claims over the exclusivity provision in a license agreement. The client recovered its full legal costs.
In September 2010, Mr. Marston successfully defeated certification and obtained summary judgment in a class action filed in the U.S. District Court of New Jersey for breach of express and implied warranties, breach of contract, unjust enrichment, and violations of the New Jersey Consumer Fraud Act.
After graduating from law school in 1999, Mr. Marston served as a law clerk to Judge Roderick R. McKelvie, U.S. District Judge for the District of Delaware. He served on active duty with the U.S. Coast Guard in Miami, Florida from 1993 to 1996.
Mr. Marston is admitted to practice in Pennsylvania and Delaware and before the U.S. Court of Appeals for the Federal Circuit; the U.S. Court of Appeals for the Third Circuit; the U.S. District Courts for the Eastern, Middle, and Western Districts of Pennsylvania; U.S. District Court for the District of Delaware; and the U.S. District Court for the Northern District of Illinois.
|Areas of Practice||1) Litigation, 2) Intellectual Property, 3) Environmental Litigation, 4) Trademark & Other IP Litigation, 5) Environmental, 6) International Arbitration, 7) Government & Private Antitrust Litigation & Investigations, 8) Antitrust, 9) IP Litigation, 10) Patent and 11) Commercial Litigation|
|Law School||Villanova University School of Law|
|Education||Cornell University, 1992, B.S.|
|Bar Member / Association||State Bar of Pennsylvania, State Bar of Delaware|
|Most recent firm||Morgan, Lewis & Bockius LLP|
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