David J. Wolfsohn is a trial lawyer who has tried a diverse range of intellectual property and technology-related cases to verdict on behalf of both defendants and plaintiffs. He recently obtained a defense verdict for the H.J. Heinz Company in a jury trial over the idea for the Dip and Squeeze and won the largest indirect-profits copyright award ever ($30.4 million) in The Graham Company v. USI MidAtlantic.

Mr. Wolfsohn is a Fellow of the American College of Trial Lawyers. Chambers USA cited client sources describing him as a “phenomenal litigator” with a "wonderful combination of technical knowledge and ability to connect with a jury and clients” as well as someone who is “detail oriented, very smart and aggressive in the courtroom, and it works.” In 2012, he was named Philadelphia Lawyer of the Year in Intellectual Property Litigation by Best Lawyers in America. Mr. Wolfsohn serves as a member of the Complex Litigation Committee of the American College of Trial Lawyers, the co-director of the ABA's Section of Litigation Division VI, and has served as the co-chair of the Intellectual Property Litigation and Trial Evidence Committees of the ABA’s Section of Litigation. He also serves as the treasurer of the Federal Bar Association's Eastern District of Pennsylvania Chapter and was the Philadelphia Chapter Chair of the Copyright Society of the U.S.A. from 2007 to 2009.

Representative Matters

  • Represented Intuitive Machines in a lawsuit with Moon Express over IP ownership and amounts due on two contracts for space vehicles and related software.
  • Wawrzynski v. H.J. Heinz Co., et al. (W.D. Pa.) 2015 jury trial; defense verdict in case in which plaintiff claimed Heinz used his ideas in Heinz's Dip and Squeeze ketchup package.
  • Yellow Pages Photos, Inc. v. Ziplocal LP and Yellow Pages Group, LLC (M.D. Fla.) 2014 jury trial of a copyright case in which plaintiff claimed $1.5 billion in damages; award was $123,000 against client; attorneys' fees denied for plaintiff due to small recovery. Currently on appeal to the 11th Circuit.
  • Obtained on behalf of the Graham Company, a commercial insurance broker, a settlement in which the company received $1.1 million and a consent injunction barring a former employee from soliciting clients and most prospects for two years.
  • The Graham Company v. USI MidAtlantic & Haughey (E.D. Pa. 2011) Obtained $30.4 million judgment in copyright case involving copying of insurance manuals.
  • deCode v. Hakonarson et al. (E.D. Pa 2007). Obtained favorable settlement on behalf of The Children’s Hospital of Philadelphia and four scientists in trade secret/non-compete case.
  • US Office Products v. Allied Office Supplies Inc. et al. (D. Del.). Obtained preliminary injunction and $5.8 million settlement in corporate raid case involving theft of trade secrets on behalf of $1 billion office products company.
  • TruePosition v. Andrew Corp. (Del. Super. Ct. 2011). Obtained high seven figure settlement in patent licensing dispute.
  • Nixon v. Commonwealth, 576 Pa. 385, 839 A.2d 277 (2003). Pro bono representation of rehabilitated ex-felons challenging constitutionality of employment ban; Supreme Court held ban unconstitutional.
  • Galfand Berger v. Shor Levin & DeRita (E.D. Pa.). Obtained favorable settlement representing law firm/author of book in copyright infringement case involving posting of book on competitor's website.

Areas of Practice

  • Intellectual Property Litigation
  • Patents
  • Copyrights
  • Trademarks
  • Unfair Competition
  • Trade Secrets

Admissions

  • Pennsylvania
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • Supreme Court of the United States

Education

  • University of Chicago Law School, J.D., cum laude, 1988
    - Order of the Coif
  • Manhattan School of Music, Doctor of Musical Arts, 1984
  • Villa Schifanoia Graduate School of the Fine Arts, M.M., 1976
  • Beloit College, B.A., 1974

Experience

  • Duane Morris LLP
    - Partner, 2013-present
  • Woodcock Washburn LLP
    - Partner 2005-2013
  • Hangley Aronchick Segal Pudlin & Schiller
    - Associate, 1989-2005

Professional Activities

  • Fellow of the American College of Trial Lawyers
  • American Bar Association
    - Section of Litigation, Division VI
    -- Co-Director, 2016-2017
    -- Co-Chair, Intellectual Property Litigation Committee
    -- Co-Chair, Trial Evidence Committee, 2009-2012
  • Federal Bar Association
    - Treasurer, Eastern District of Pennsylvania Chapter
  • The Copyright Society of the U.S.A.
    - Philadelphia Chapter Chair, 2007-2009
  • Philadelphia Bar Association Commission on Judicial Selection and Retention
    - Member, Investigative Division
  • Philadelphia County Court of Common Pleas
    - Arbitrator

Honors and Awards

  • Ranked in the IAM Patent 1000, 2018

  • Listed in Chambers USA: America's Leading Lawyers for Business, 2007-2018

  • Listed in U.S. News/Best Lawyers "The Best Lawyers in America" for Intellectual Property Litigation, 2007-2019

  • Listed as a Pennsylvania Super Lawyer for Intellectual Property Litigation, 2004-2017
  • Listed in Best Lawyers Greater Philadelphia, 2016
  • Listed in Managing Intellectual Property's IP Stars, 2015-2018

  • Named Best Lawyers' Philadelphia Lawyer of the Year in Intellectual Property Litigation, 2012
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Civic and Charitable Activities

  • Astral Artistic Services
    - Board Member

Selected Speaking Engagements

  • Speaker, "Lessons from Recent Trade Secret Cases," DuPont & Widener University School of Law IP CLE Seminar, October 2012
  • Speaker, "Top Ten Mistakes to Avoid in Depositions," ABA Section of Litigation Annual Meeting, Miami, Florida, April 2011
  • Speaker, "Copyright for the General Practitioner," New York County Bar Association
  • Speaker, "eDiscovery: Philadelphia Law Department CLE 'Boot Camp,'" July 2008
  • Speaker, "Deposition Basics," ABA Section of Litigation Annual Meeting, Atlanta, Georgia, April 2008
  • Speaker, "An Argument by Any Other Name: How to 'Argue' Permissibly in Opening Statements," ABA Annual Meeting, San Francisco, California, August 2007