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David M. Wilkerson

Contact

Direct line: (828) 258-2991

Fax: (828) 257-2767
Email: dwilkerson@vwlawfirm.com

Education

University of South Carolina

J.D., 1998


University of Iowa

M.A., 1994


Furman University

B.A., 1993

Meet David

David practices in the area of business litigation including patent, trademark, and copyright 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, Middle and Eastern Districts of North Carolina, the District of South Carolina, and the Fourth Circuit Court of Appeals.

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

In January 2011, David was nominated and elected by his peers to serve on the Council of the Antitrust and Complex Business Disputes Section of the North Carolina Bar Association. He currently serves as Chair of the Council’s Legislative Committee.

David is also active in his community, recently serving as chairman of the non-profit Lakeview Park Commission, Inc.Practice Highlights

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 (adhesive tape)(WDNC) . Defending 3M from claims of patent 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.

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.

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 (N.D. California)
  • 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 pratices)
  • Republic Services of NC v. Smiley’s Market and Malls (business contracts)

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

Contact

Direct line: (828) 258-2991

Fax: (828) 257-2767
Email: dwilkerson@vwlawfirm.com

Education

University of South Carolina

J.D., 1998


University of Iowa

M.A., 1994


Furman University

B.A., 1993

Work with David

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