David Wilkerson is a principal with The Van Winkle Law Firm, where he focuses
his practice on business litigation. He applies legal skills and experience
to assert and defend against
patent, trademark, and copyright infringement claims on behalf of some of the most well-recognized and respected businesses
in manufacturing, software, and other technology fields. In addition,
he has worked on a broad range of antitrust issues in federal and state
courts throughout the country and regularly litigates complex business
disputes, including trade secret litigation.
Previously, Wilkerson was a business litigator with a firm in South Carolina.
In 2011, his peers elected him to serve on the Council of the Antitrust
and Complex Business Disputes Section of the North Carolina Bar Association,
for which he currently chairs the Pro Bono Committee.
David was recently selected by his peers for inclusion in
The Best Lawyers in North Carolina 2015 in the field of patent litigation.
- 28th Judicial District Bar
- Federal Bar Association, Western District of North Carolina
- North Carolina Bar Association, Council Member, Antitrust Section
- North Carolina State Bar
- South Carolina State Bar
Learn More About David M. Wilkerson
Practice Highlights and Representative Cases
- BorgWarner, Inc. and BorgWarner Turbosystems, Inc. v. Honeywell International,
Inc., (automotive turbochargers) (W.D.N.C.). Representing BorgWarner in
asserting three of its patents regarding the design and manufacture of
- Sociedad Espanola De Electromedicina Y Calidad, S.A. v. Blue Ridge X-Ray
Company, DRGEM USA, Inc., and DRGEM Corp. (High Voltage Transformers)
(WDNC). Representing Sedecal in asserting patent regarding high voltage
- Sandvik Intellectual Property AB v. Kennemetal, Inc. (WDNC) (metal oxide
tools). Representing Sandvik in asserting three of its patents regarding
the manufacture of oxide coated cuttings tools.
- SuperGuide Corporation v. Directv Enterprises, Inc., Directv, Inc., Directv
Operations, Inc., Hughes Electronics Corporation, Thomson Consumer Electronics,
Inc., Echostar Communications Corporation, Echostar Satellite Corporation,
and Echostar Technologies Corporation (WDNC) (satellite receivers). Defending
EchoStar from claims of patent infringement related to satellite receivers.
- BorgWarner, Inc. and BorgWarner Turbosystems, Inc., v. Cummins, Inc. and
Cummins Turbo Technologies Limited (WDNC)(automotive turbochargers). .
Representing BorgWarner in asserting three of its patents regarding the
design and manufacture of turbocharger components.
- Shurtape Technologies, LLC and Shurtech Brands, LLC v. 3M Company (adhesive
tape)(WDNC) Defending 3M from claims of patent and trademark infringement
related to painter’s tape products.
- Allergan, Inc. and Duke University v. Apotex, Inc. and Apotex Corp. (prescription
drugs)(MDNC) Representing Allergan in Hatch-Waxman proceeding regarding
eyelash growth product Latisse.
- Allergan, Inc. and Duke University v. Sandoz, Inc.
- Allergan, Inc. and Duke University v. Hi-Tech Pharmacal Co., Inc.
- Allergan, Inc. and Duke University v. Apotex, Inc., Apotex Corp., Sandoz
Inc., Hi-Tech Pharmacal Co., Inc.
- Allergan, Inc. and Duke University v. Watson Pharmaceuticals, Inc., Watson
Laboratories, Inc., and Watson Pharma, Inc.
- Allergan, Inc. v. Hi-Tech Pharmacal Co., Inc.
- i play, Inc. v. Winc Designs Limited and Pure Precision Limited (swim diapers)(WDNC)
Representing i play in asserting patent regarding design of swim diapers
against Hong Kong and British Virgin Islands corporations.
- Go-Go Babyz Corporation v. Brica, Inc. and Toys “R” Us, Inc.
(car seat carriers)(District of Delaware) Defending Brica and Toys “R”
Us from claims of patent infringement relating to car seat carriers.
- MJ Woods, Inc. v. Little Rapids Corporation (cosmetic pads)(WDNC) Representing
MJ Woods asserting patent related to design and manufacture of disposable
- Celgard, LLC v. SK Innovation, Ltd (lithium batteries) (WDNC) Defending
SK Innovation from claims of patent infringement.
- Celgard LLC v. LG Chem (lithium battery separators) (WDNC) Defending LG
Chem from claims of patent infringement.
- Koch Agronomic Services v. Eco Agro Resources (fertilizer) (MDNC) Defending
Eco Agro from claims of patent infringement relating to fertilizer products.
- Windy City Innovations, LLC v. Microsoft Corporation (WDNC) Defending Microsoft
from claims of patent infringement.
- Windy City Innovations, LLC v. Facebook, Inc. (WDNC) Defending Facebook
from claims of patent infringement.
- Polygroup Macau Limited v. Willis Electric Co., LTD (lighting) (WDNC) Defending
Willis Electric from claims of patent infringement.
- SHGI Corporation v. Inspection Management Systems, Inc. (WDNC). Asserting
trademark infringement against California Corporation.
- Sugar Mountain v. SMR, Inc. (WDNC). Asserting trademark infringement against
- Teasley v. First Coast Group (WDNC). Asserting trademark infringement.
- Sciteck, Inc., v. Cliawaived Inc. (WDNC). Representing Cliawaived against
claims of trademark infringement.
- Preferred Carolina Reality v. American Home Realty Network (MDNC). Defending
American Home Reality Network from claims of copyright infringement.
- PSI Services LLC v. Johnson (WDNC). Representing PSI asserting copyright
David’s Recent Antitrust Cases Include:
- In Re: Polyester Staple Antitrust Litigation (antitrust litigation) (WDNC)
- In Re: Polyurethane Foam Antitrust Litigation (MDL N.D. Ohio)
- In Re: Blue Cross Blue Shield Antitrust Litigation (MDL N.D. Alabama)
- In Re: Maritime Auto Transporters Antitrust Litigation (MDL District of
- In Re: Case Iron Soil Pipe and Fittings Antitrust (MDL Eastern District
- Wadham v. Shire U.S. (WDNC)
David’s Recent General Business Litigation Cases Include:
- AvL Technologies, Inc. v. General Dynamics Satcom Technologies, Inc. and
General Dynamics Corporation (breach of contract, trade secrets and unfair
and deceptive trade practices)
- Northland Cable Television v. The Highlands Cable Group, LP, The Cable
Group, LLC (f/k/a Highlands Cable Group, LLC, and Ninian Ulysses Bond,
individually) (business torts and unfair and deceptive trade practices)
- Republic Services of NC v. Smiley’s Market and Malls (business contracts)
- Unimin Corporation v. I-Minerals (trade secrets) (N.C. Business Court)
Defending I-Minerals from allegations of violations of N.C. Trade Secret Act.
A native of Montgomery, Ala., David made Asheville, N.C., his home in 2006.
His wife, Kristen, has a Ph.D. from the University of Texas and works
in academics in the field of marketing and advertising. They have a daughter
and twin boys. In his spare time, David enjoys skiing, his kid’s
sports, and enjoying live music in Asheville.
Favorite Music: Anything playing locally
Favorite Place to Visit: Quebec
Guilty Pleasure: College football on Saturdays
- Lakeview Park Commission
- North Asheville Little League