David R. Barnard
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David R. Barnard
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  • Intellectual Property Law

    Excuse Me, Please, But Do You Happen to Have a License for That Plant


     

    David R. Barnard
    Firm: Lathrop Gage
    Address: 2345 Grand Blvd.
    Suite 2800
    Kansas City, MO 64108
    Map & Directions
    Phone: (816) 460-5869 (Business Phone)
    Fax: (816) 292-2001 (Business Fax)
    E-mail: Contact Us (Business Email)
    Web site: http://www.lathropgage.com/

    Position Areas of Practice Bar Admissions
    Education Honors Published Works
    Affiliations
    Lawyer Profile:

    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.
    Prior to joining Lathrop & Gage, Mr. Barnard clerked for the Honorable Nanette Laughrey, United States District Court, Western District of Missouri.
    Current Employment Position(s):
    Partner

    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
    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
    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

    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

    Professional Associations and Memberships:
    Kansas City Metropolitan Bar Association Publications Committee, 2007 - present

    The Missouri Bar

    Kansas Bar Association

    West Practice Categories:
    Copyrights, Intellectual Property Law, Technology Licensing

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