David is an intellectual property attorney who focuses his practice on International Trade Commission matters, including patent litigation, unfair trade investigations, Section 337 cases, and appeals. He draws on more than two decades of ITC experience, including in private practice and as a staff attorney, to represent both complainants and respondents. His clients range from small companies to large multinational corporations, including in the technology sector and automotive industry.
David has a broad spectrum of experience with complex ITC investigations involving a variety of allegations, including matters relating to the evolving "domestic industry" requirement. His practice also encompasses post-investigation enforcement proceedings and appeals from the ITC to the US Court of Appeals for the Federal Circuit.
Prior to joining Mintz, David served as counsel to a firm that specializes in ITC matters. Earlier, he spent more than six years as an investigative attorney in the Office of Unfair Import Investigations at the ITC, where he developed extensive knowledge of the procedural and substantive nuances of Section 337 practice.
In addition to his practice, David is an adjunct faculty member of the Johns Hopkins Carey Business School, where he teaches a course in Business Law. He is also an editor and contributing author to an American Bar Association book entitled "A Lawyer’s Guide to Section 337 Investigations Before the U.S. International Trade Commission," now in its 4th edition.
viewpoints
Federal Circuit Rejects Google’s Bid To Shrink ITC Jurisdiction over Post-Importation Acts of Indirect Infringement
September 12, 2024 | Blog | By David H. Hollander, Matthew Karambelas, Michael Renaud, Adam Rizk
In the wake of the Supreme Court’s elimination of “Chevron deference” in the Loper decision, many commentators have suggested that the ITC’s authority over unfair imports under Section 337 might be curtailed.
Assessing the Impact of Recent Supreme Court Decisions on ITC Practice – Less than Meets the Eye?
July 17, 2024 | Blog | By David H. Hollander, Matthew Karambelas, Michael Renaud, Adam Rizk
Late last month, the Supreme Court issued two opinions which seemingly shook up the field of administrative law. As explained in this article, however, while both decisions bear significantly on certain administrative agencies, neither of these decisions are likely to present significant changes to Section 337 practice at the International Trade Commission.
Apple, Too, Should Expect the Expected in Appealing Its ITC Loss to the CAFC
May 16, 2024 | | By Michael Renaud, Peter Snell, David H. Hollander
The ongoing appeal by Apple against the ITC ruling in a Section 337 case could have significant implications for intellectual property law. Intellectual Property Chair Michael Renaud, Member Peter Snell, and Special Counsel David Hollander analyze Apple’s argument and the likely response from the CAFC, providing valuable insights into how this case may influence future disputes and IP strategies.
Events & Speaking
2024 International Trade Commission Trial Lawyers Association Fall Meeting
National Press Club 529 14th Street N.W. Washington, District of Columbia 20045
16th Annual Practitioners' Think Tank on ITC Litigation & Enforcement
American Conference Institute - ITC Conference
Washington D.C.
Publications
Author, A Setback For ITC's Goal Of Adjudicating Design-Arounds, Law360 (June 2020)
Read lessRecognition & Awards
Ranked by Patexia among Best Performing ITC Attorneys overall (2023)
Ranked by Patexia among the Most Active ITC Attorneys Representing Complainants (2023)
Involvement
- Member, American Bar Association
- President, ITC Trial Lawyers Association