David E. Landau
Partner
Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA
Phone: +1 215 979 1230
Fax: +1 215 405 2952
Email:
dlandau@duanemorris.com
David E. Landau practices in the areas of intellectual property, employment and complex commercial litigation. Mr. Landau has extensive experience in trademark, copyright, patent, software development and licensing, e-commerce and business torts litigation. He also regularly handles trade secret, confidentiality and non-competition litigation as well as employment discrimination and employment contract disputes. He has tried numerous cases to verdict. Mr. Landau is experienced in state of the art use of technology in the courtroom as well as pretrial ediscovery, and litigated and won a landmark decision that, under Pennsylvania law, a doctor's patient list is a trade secret. He is listed in Chambers USA: America's Leading Lawyers for Business, 2010, 2011 and 2012 editions.
Mr. Landau has long been involved in politics, government and public service. He currently serves as chairman of the Delaware County Democratic Party, one of the largest Democratic parties in Pennsylvania. Mr. Landau has been involved in numerous political campaigns and advised candidates on the federal, national, state and local levels. In 1984, he served as deputy campaign manager and issues director of a presidential campaign.
Mr. Landau served as solicitor for the Borough of Yeadon, Delaware County, Pennsylvania from 1992-1998 and as special counsel for Nether Providence Township in Delaware County. He was a member of the board of directors of Family and Community Services of Delaware County from 2002-2007. He is a former member of the board of directors of Jewish Federation of Delaware County as well as Congregation Ohev Shalom in Wallingford, Pennsylvania. Early in his career, Mr. Landau was national staff counsel of the American Civil Liberties Union in Washington, D.C., where he handled major civil liberties and civil rights litigation and represented the ACLU before Congress on legislative issues. He has testified more than 30 times on constitutional law issues before various Congressional committees.
Mr. Landau is a 1978 graduate of American University, Washington College of Law and a 1975 graduate, with honors, of Brown University.
Areas of Practice
- Intellectual Property Litigation
- Employment Litigation
- Commercial Litigation
Representative Matters
- Obtained a complete victory prior to trial for AcademyOne, Inc., a Pennsylvania-based internet company, in action brought by a competitor alleging violations of RICO, the Computer Fraud and Abuse Act, and the Lanham Act. CollegeSource, Inc. v. AcademyOne, Inc., 2011 U.S. Dist. LEXIS 43684 (E.D. Pa. Apr. 22, 2011) (dismissing RICO claims); 2012 U.S. Dist. LEXIS 153197 (E.D. Pa. Oct. 25, 2012) (granting summary judgment).
- Obtained a judgment after trial that a software vendor did not have any intellectual property interests in an independent system operator's invention of multiple-bank branding on a single automatic teller machine (ATM). Judgment affirmed on appeal.
- Winning a defense verdict after a jury trial on behalf of a web site design company in an action brought by a competitor for misappropriation of trade secrets and copyright infringement.
- Successful defense of a software manufacturer in an action brought by its former Indian distributor for misappropriation of trade secrets and violation of the Computer Fraud and Abuse Act among other claims.
- Winning a jury verdict on behalf of a plaintiff provider of websites, and Internet services in a copyright infringement and tortious interference with contract action against a competing company.
- Winning a defense verdict after a four-week jury trial on behalf of an importer of close-out goods in an action brought by a major international manufacturer of sporting goods for trademark and copyright infringement.
- Defense of a major international energy company in a $100 million misappropriation of trade secrets case involving energy management technology that settled in the middle of a jury trial.
- Obtained a preliminary injunction on behalf of a provider medical supplies and equipment to non-acute health centers against a former director of sales and three former sales people for violation of the Pennsylvania Uniform Trade Secrets Act.
- Successfully defending a remanufacturer of industrial machines for newspaper production in a patent infringement and breach of patent license arbitration.
- Winning a patent infringement judgment on behalf of the manufacturer of residential rain gutters.
- Defense of a company in a race discrimination and retaliation case that settled in the middle of a jury trial.
- Winning a defense judgment on behalf on an energy technology company in a breach of information technology contract arbitration.
- Winning a jury verdict on behalf of a plaintiff in a Section 1983 civil rights action on a pro bono basis.
- Defense of a closely held national weight-loss company in a nine-year-long pattern-and-practice employment class action resting on sophisticated statistical analysis and complex expert testimony.
- Co-lead coordinating defense counsel in national class action brought by owners of buildings leased to the federal government for defective construction products.
Professional Activities
- American Bar Association
- District of Columbia Bar Association
- Pennsylvania Bar Association
- Philadelphia Bar Association
- Delaware County Bar Association
- American Intellectual Property Law Association
Admissions
- Pennsylvania
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. District Court for the Northern District of Illinois
Education
- American University, Washington College of Law, J.D., 1978
- Brown University, B.A., with honors, 1975
Experience
- Duane Morris LLP
- Partner, 2009-present - WolfBlock LLP
- Partner, 1998- 2009 - Hoyle, Morris Kerr
- Partner, Associate, 1986-1998 - American Civil Liberties Union
- National Staff Counsel, 1978-1985
Board Memberships
- Family and Community Services of Delaware County
- Board of Directors, 2002-2007 - Jewish Federation of Delaware County
- Board of Directors, Former Member - Congregation Ohev Shalom
- Board of Directors, Former Member
Civic and Charitable Activities
- Delaware County, Pennsylvania, Democratic Party
- Chairman - Borough of Yeadon, Delaware County, Pennsylvania
- Solicitor, 1992-1998 - Nether Providence Township, Delaware County, Pennsylvania
- Special Counsel, 1996-2000
Honors and Awards
- Selected as a Top-Rated Lawyer in Intellectual Property Law by Martindale-Hubbell and American Lawyer Media, 2013
- Listed in Chambers USA: America's Leading Lawyers for Business, 2010, 2011, 2012 and 2013
- AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
Selected Publications
- Quoted in "Philadelphia Federal Judgment Could Factor in California Computer Case," The Legal Intelligencer, November 1, 2012
- Mentioned in "Referee: Prince Should Pay $4 Mil. to Perfume Manufacturer by Daniel Wise, The Legal Intelligencer, September 6, 2011
- Quoted in "Competition Arises from Ex-Employees" by Jane M. Von Bergen, The Philadelphia Inquirer, November 15, 2010
