David M. Wilkerson

David practices in the area of business litigation, principally involving patent  infringement and antitrust matters.  Prior to joining Van Winkle, David practiced for eight years with a firm in South Carolina, also in the field of business litigation.  He has experience litigating in federal and state courts, and is licensed in both North Carolina and South Carolina.  David is admitted to practice in the Western and Middle Districts of North Carolina, as well as the District of South Carolina.

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

In North Carolina, David practices primarily in the areas of intellectual property infringement and antitrust litigation.

David’s experience in South Carolina included representation of lenders in mortgage repurchase litigation and experience defending clients in bankruptcy adversary litigation brought by bankruptcy trustees.

David’s recent intellectual property cases include:

• 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.

David’s recent antitrust cases include:

• In Re Polyester Staple Antitrust Litigation (antitrust litigation)
• In re: Lawnmower Engine Horsepower Marketing and Sales Practices Litigation (antitrust litigation)
• In re:  Polyurethane Foam Antitrust Litigation (antitrust litigation)

David’s recent general business litigation cases include:

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

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

David is also active in his community, serving on the Lakeview Park Commission and as a board member of a local non-profit organization.

David is a native of Montgomery, AL. 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.

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