David Applegate has been lead trial counsel in every case he has tried to verdict. Over his 30-plus year career, Mr. Applegate has prepared for trial or taken to verdict patent, trademark, copyright, trade secret, and unfair competition cases in addition to general business and commercial, employment, civil rights, non-medical professional liability, securities, and insurance and reinsurance coverage cases. Mr. Applegate also has extensive arbitration and mediation experience, and is a member of the Chicago International Dispute Resolution Association. He is a graduate of Yale University and the University of Chicago Law School, and has been named by his peers as a "Leading Lawyer" and an "Illinois Super Lawyer."
Additional Bar Admissions:
U.S. Supreme Court
U.S. Court of Appeals for the 7th Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Northern District of Illinois, including Trial Bar
Publications:
"Interesting Times: Some Do's and a Don't for Difficult Times," Primerus Paradigm (2009).
"Railroaded Again? Jacobsen v. Katzer and the Open Source Debate," Landslide (ABA 2009).
"In re Bilski: A Rebuttal," Engage, Vol. 10, No. 2 (2009).
"In re Bilski: Business Method Patents Transformed?" Engage, Vol. 10, No. 1 (2009).
"Quantum of Damages: Entire Market Value, Apportionment, and Use Damages," PLI Patent Litigation 2009 Coursebook.
"An Overview of the States Secrets Privilege in the United States," CBA Record (Jan. 2009).
"A Mark, a Yen, a Buck, or a Pound: Damages Make the World Go Around," PLI Patent Litigation 2008 Coursebook #949 (with Lewis M. Koppel, CRA International).
"When 'Exclusive' is not 'Exclusive,' and 'Compulsory' not 'Compulsory': eBay v. MercExchange and Paice v. Toyota," Engage, Vol. 9, No. 2 (2008).
"Rainmaking, Lightning Rods, and Aluminum Siding," Primerus Paradigm (2008).
"A Billion Here and a Billion There: Talking Real Money in the Patent Damages Case," PLI Patent Litigation 2007 Coursebook #910 (2007).
"The Seagate Conundrum: Risks and Rewards of Raising the Defense of "Advice of Counsel" to a Charge of Willful Patent Infringement," Engage, Vol. 8, No. 2 (2007) (with Paul J. Ripp).
"Proving Patent Damages and Issues to Consider in Pursuing and Defending the Damages Case," Chapter, PLI Coursebook (2005, 2006).
"Book Review, Robert C. Osterberg and Eric C. Osterberg, Substantial Similarity in Copyright Law," Engage, Vol. 5, No. 1 (Federalist Society, 2004).
"Fair Play: Mandatory Disclosure under Federal Rule 26 in the Northern District of Illinois," CBA Record, June/July, 2003.
"Eldred v. Ashcroft: Just Another Mickey Mouse Copyright Case?," Engage, Federalist Society, Vol. 3, No. 3, 2002.
"Latest Trends, Corporate Directors and Officers Liability, Insurance and Risk Management" (Executive Enterprises), Chapter 10, 1989.
"The Role of the Insurance Carrier, Securities Litigation Prosecution and Defense Strategies," Corporate Law and Practice Course Handbook, Series 491, Vol. One (with S. Karon), 1985.
"American Directors & Officers - An Overview of their Duties and Liability Exposures," Best's Insurance (with John W. Morrison), 1979.
Speeches and Presentations:
Quantum of Damages: Entire Market Value, Apportionment, and Use Damages, PLI Patent Litigation Seminar, Chicago, Illinois, 2009.
A Mark, a Yen, a Buck, or a Pound: Damages Make the World Go Around, PLI Patent Litigation Seminar, Chicago, Illinois, 2008.
A Billion Here and a Billion There: Talking Real Money in the Patent Damages Case, PLI Patent Litigation Seminar, Chicago, Illinois, 2007.
Dollars and Sense: Pursuing and Defending Patent Damages, PLI Patent Litigation Seminar, Chicago, Illinois, 2006.
Proving Damages: Issues to Consider in Pursuing and Defending the Damages Case, PLI Patent Litigation Seminar, Chicago, Illinois, 2005.
Mandatory Disclosure Under Rule 26 in the Northern District of Illinois, Chicago Bar Association, 2002.
Mandatory Disclosure Under Federal Rule 26, Chicago Bar Association, Federal Civil Procedure Committee Meeting, 2002.
Intellectual Property Protection for the Information Age, Chicago, Illinois, 1997.
Intellectual Property Protection on the Internet, San Diego, California, 1996.
Intellectual Property Basics: Protection to Licensing, San Diego, California, 1995.
Creators' Rights: Start to Finish, Chicago, Illinois, 1995.
What? Me License?, Chicago, Illinois, 1994.
Characters: Creation to Commercialization, Chicago, Illinois, 1992.