Current Employment Position(s)

Partner

Lawyer Overview

Mr. Barnard is an intellectual property attorney and assistant head of Lathrop's Intellectual Property Litigation Department. In 2008, Missouri Lawyer's Weekly named Mr. Barnard as one of its "Up & Coming" lawyers under 40. Mr. Barnard has also been named a "Rising Star" by Super Lawyers for the Missouri/Kansas region and has been named to the 2010 edition of Best Lawyers in America.

Mr. Barnard's litigation work has included patent, trademark, copyright, trade secret and other commercial disputes in different courts throughout the nation. His business counseling practice has included assisting a wide range of companies - including intellectual property, entertainment, manufacturing, financial institutions, engineering, biotech, Internet, marketing and media clients - on matters as diverse as attracting venture capital, creating company-wide intellectual property identification and protection programs, noninfringement and freedom of operation opinions, creating comprehensive employee trade secret protection programs, licensing, assisting nationally-syndicated media clients with liability risk management and advising feature length film makers on intellectual property clearance, marketing and distribution rights.

Significant Accomplishments:

• Led patent case against well-known, national company resulting in favorable Markman ruling and ultimately a multi-million dollar settlement.
• Led successful defense of complex patent, trademark, unfair competition and antitrust case in the Middle District of Florida including "bet the company" injunction proceeding.
• Led successful defense of massive patent case in the District of New Hampshire against prominent national IP firm resulting in multiple favorable Markman rulings and ultimately summary judgment on all claims.
• Led successful defense of misappropriation of likeness claim in Texas state court against high-profile plaintiff's firm arising from Payne Stewart biography.
• Led copyright infringement defense for international television network against local author resulting in successful mediation.
• Led trademark infringement and dilution case against Fortune 100 company.

Areas of Practice

• Technology Transactions
• Intellectual Property
• Patents
• Licensing and Preserving Ownership of Data Rights
• Risk Management
• Trademarks
• Technology Transfer and Licensing
• Corporate Transactions
• Copyright
• Intellectual Property Litigation
• Licensing
• Internet Litigation

West Practice Categories

Copyrights, Intellectual Property Law, Technology Licensing

Bar Admissions

• Kansas, 1997
• Missouri, 1996
• U.S. District Court for the District of Kansas, 1996
• U.S. District Court for the Western District of Missouri, 1996
• U.S. Court of Appeals for the Tenth Circuit, 1998
• U.S. Court of Appeals for the Federal Circuit, 2006

Professional Associations and Memberships

• Kansas City Metropolitan Bar Association Publications Committee, 2007 - present
• The Missouri Bar
• Kansas Bar Association

Honors and Awards

• Selected among The Best Lawyers in America®, 2010
• Selected for Missouri/Kansas Super Lawyers "Rising Stars" - 2008
• Selected as one of our Up and Coming Lawyers, Missouri Lawyers Weekly, July 2008

Education

• University of North Carolina School of Law, 1996
  J.D.
  Honors: with honors
• Westminster College, 1993
  B.A.
  Honors: summa cum laude

Published Works

• 56 Lathrop & Gage Attorneys Named Best Lawyers in America, 2009
• Lathrop & Gage Represents Filmmaking Team for Sundance Film Festival Movie, 2008
• The National Law Journal Publishes David Barnard, James Emanuel on "A New Check on Patentability", 2008
• 52 Lathrop & Gage Attorneys Named Super Lawyers, 2008
• Colleen Ruiz, David Barnard, Co-Author "Protecting Design Copyrights", 2008
• Sponsorship ads on search engines test limits of trademark law, 2005

Address

2345 Grand Blvd.
Suite 2800
Kansas City, MO 64108

Phones

(816) 460-5869 (Business Phone)

Faxes

(816) 292-2001 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.lathropgage.com/