David M. Wilkerson

David practices in the area of business litigation including patent and trademark infringement and antitrust matters. More information is available at www.ashevillepatent.com.

Prior to joining The Van Winkle Law Firm, David practiced for eight years with a firm in South Carolina also in the field of business litigation. He is experienced in litigating in federal and state courts and is licensed in both North Carolina and South Carolina. David is admitted to practice in the United States District Court of the Western and Middle Districts of North Carolina as well as the District of South Carolina.

David’s educational background includes graduate coursework in statistics and in formal modeling of economic and political behavior including collusive behavior by cartels.

In January 2011, David was elected to serve on the Council of the Antitrust Section of the North Carolina Bar Association.

Practice Highlights

Intellectual Property

• BorgWarner, Inc. and BorgWarner Turbosystems, Inc. v. Honeywell International, Inc., (patent infringement) (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. (Patent Infringement) (High Voltage Transformers) (WDNC). Representing Sedecal in asserting patent regarding high voltage transformer design.
• Sandvik Intellectual Property AB v. Kennemetal, Inc. (patent infringement) (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 (patent litigation) (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
• Shurtape Technologies, LLC and Shurtech Brands, LLC v. 3M Company
• Allergan, Inc. and Duke University v. Apotex, Inc. and Apotex Corp.
• 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.

Antitrust

• Polyester Staple Antitrust Litigation
• Lawnmower Engine Horsepower Marketing and Sales Practices Litigation
• Polyurethane Foam Antitrust Litigation

General Business

• AvL Technologies, Inc. v. General Dynamics Satcom Technologies, Inc. and General Dynamics Corporation (breach of contract, trade secrets)
• 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.

Professional Affiliations

• 28th Judicial District Bar
• North Carolina State Bar
• South Carolina State Bar
• North Carolina Bar Association
  • Council Member, Antitrust Section, 2011 - Present
• Federal Bar Association
  • Western District of North Carolina

David is a native of Montgomery, Alabama. He arrived in Asheville in October 2006. His wife, Kristen, is director of curriculum for the Integrated Marketing Communications graduate program at West Virginia University. They have a young daughter and twin boys. In his spare time, David enjoys cross-country skiing, hiking and C1 paddling.

David is also active in his community serving on the Lakeview Park Commission.

Favorite Artist
After seeing the Sistine Chapel: Michelangelo

Favorite Music
Anything playing locally

Last Place Visited
San Francisco

Favorite Place to Visit
Quebec City

Guilty Pleasure
College football on Saturdays