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David M. Wilkerson

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.

Professional Affiliations

  • 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

Patent Litigation

  • 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 turbocharger components.
  • 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 transformer design.
  • 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 cosmetic pads.
  • 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.

Trademark Litigation

  • SHGI Corporation v. Inspection Management Systems, Inc. (WDNC). Asserting trademark infringement against California Corporation.
  • Sugar Mountain v. SMR, Inc. (WDNC). Asserting trademark infringement against Arkansas Corporation.
  • Teasley v. First Coast Group (WDNC). Asserting trademark infringement.
  • Sciteck, Inc., v. Cliawaived Inc. (WDNC). Representing Cliawaived against claims of trademark infringement.

Copyright Litigation

  • 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 infringement claims.

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 New Jersey)
  • In Re: Case Iron Soil Pipe and Fittings Antitrust (MDL Eastern District of Tennessee)
  • 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.
David M. Wilkerson

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

Community Involvement

  • Lakeview Park Commission
  • North Asheville Little League