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.

 

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.

Education

  • University of South Carolina, Juris Doctor, 1998
  • University of Iowa, Master’s Degree, 1994
  • Furman University, Bachelor’s Degree, 1993

Community Involvement

  • Lakeview Park Commission
  • North Asheville Little League

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

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