David R. Barnard

Mr. Barnard is a partner in Lathrop’s intellectual property division. In 2008, Missouri Lawyer’s Weekly named Mr. Barnard as one of its “Up & Coming” lawyers under 40. Mr. Barnard was named a “Rising Star” by Super Lawyers for the Missouri/Kansas region in 2008 and 2009 and a “Super Lawyer” in 2010. He has also appeared in Best Lawyers in America since 2010.

Mr. Barnard’s litigation work has included patent, trademark, copyright, trade secret and other commercial disputes in different courts throughout the nation. His business counseling practice has included assisting a wide range of companies - including intellectual property, entertainment, manufacturing, financial institutions, engineering, biotech, Internet, marketing and media clients.

He has handled matters as diverse as attracting venture capital, creating company-wide intellectual property identification and protection programs, noninfringement and freedom of operation opinions, creating comprehensive employee trade secret protection programs, licensing, assisting nationally syndicated media clients with liability risk management and advising feature length film makers on intellectual property clearance, marketing and distribution rights.

Significant Accomplishments:

• Led patent case against well-known, national company resulting in favorable Markman ruling and ultimately a multimillion-dollar settlement.
• Led successful defense of complex patent, trademark, unfair competition and antitrust case in the Middle District of Florida including “bet the company” injunction proceeding.
• Led successful defense of massive patent case in the District of New Hampshire against prominent national IP firm resulting in multiple favorable Markman rulings and ultimately summary judgment on all claims.
• Led successful defense of misappropriation of likeness claim in Texas state court against high-profile plaintiff’s firm arising from Payne Stewart biography.
• Led copyright infringement defense for international television network against local author resulting in successful mediation.
• Led trademark infringement and dilution case against Fortune 100 company.

Court Memberships

• Kansas
• Missouri
• U.S. Court of Appeals for the Federal Circuit
• U.S. Court of Appeals for the Tenth Circuit
• U.S. District Court for the District of Kansas
• U.S. District Court for the Western District of Missouri

Honors

• Selected among The Best Lawyers in America®, 2010-2012
• Selected for Missouri/Kansas Super Lawyers - 2010, 2011 
• Selected for Missouri/Kansas Super Lawyers “Rising Stars” - 2008
• Selected among “Up and Coming Lawyers,” Missouri Lawyers Weekly, July 2008

Events

Professional Affiliations

• Kansas City Metropolitan Bar Association Publications Committee, 2007 - present
• Board of Directors, Kansas City Filmmakers Jubilee, 2011 - present
• The Missouri Bar
• Kansas Bar Association

Publications

• Co-author - Model Order Has Import Beyond Patent Cases, National Law Journal, January 30, 2012
• Co-author - Model Order Limiting E-Discovery has Implications in more than Just Patent Cases, InsideCounsel, December 6, 2011
• Author - Social Media Evidence, KC Counselor, September 2011
• Co-author - Cloud Computing: Discovery Problems, Risk Management and Smart Planning, Bloomberg Law Reports, February 2011
• Co-author - The Consequences of Bilski on Alternative Energy, Intellectual Property & Technology Law Journal, November 2009
• Co-author - Local Lawyers Get Medieval, KC Counselor, March 2009
• Co-author - A New Check on Patentability, The National Law Journal, December 1, 2008
• Author, Associate Job Survey - The Results, KC Counselor, July/August 2008
• Author, Law Firm Associates - “You Work Hard for the Money,” KC Counselor, November 2007
• Co-author, Excuse Me, Please, But Do You Happen to Have a License for that Plant?, Front Range TechBiz, Feb. 25 - March 3, 2002
• Author, Internet Linking, Framing and Metatags: Know Your Clients’ Rights and Risks, Missouri Lawyers Weekly, January 21, 2002
• Co-author, How Clean Can A Bathroom Be?: The Business Method Patent, The Kansas City Star, January 18, 2001

Presentations

• Speaker, IP Triage for the In-House Attorney, St. Louis Chapter of the Association of Corporate Counsel, June 2011
• Speaker, Keeping Your ®s Covered, American Marketing Association of Kansas City, August 2010
• Intellectual Property Panelist, Lathrop & Gage State of Litigation Seminar, June 2009
• Speaker, The Case for Genericism: Effective Microorganisms and EM, Sustainable Community Development Partners Conference, February 2007
• Speaker, Trade Dresses and Suits:  Crafting a Successful Enforcement Program, 2005 Rocky Mountain Intellectual Property & Technology Institute and I.P. 101, April 2005
• Speaker, Internet Linking, Framing and Metatags,  Kansas City Chamber of Commerce, September 2001