David I. Gindler

David Gindler specializes in complex commercial litigation, with an emphasis on patent, trade secret, and related intellectual property disputes. His work spans a broad array of industries and technologies, ranging from biotechnology, medical devices, computer architecture, microprocessor design, advanced semiconductor materials, financial services, and business methods.

Mr. Gindler appears in The Best Lawyers in America in Intellectual Property Law; Chambers USA as a “Leading Individual” in Intellectual Property and Patent Law; The International Who’s Who of Life Sciences Lawyers; LMG Life Sciences as a “Life Sciences Star”; and Southern California’s Top Rated Lawyers. Mr. Gindler has also been selected for inclusion in Southern California "Super Lawyers" by Los Angeles Magazine every year the list has been published. In 2012, he was named to the Los Angeles Business Journal list highlighting “Who’s Who in L.A. Law: Angelenos to Know in Intellectual Property Law.” The Los Angeles and San Francisco Daily Journal also named Mr. Gindler one of California's leading patent litigators in 2008.

Mr. Gindler has represented both established and emerging commercial and non-profit organizations, including CooperVision, PDL BioPharma, Ariosa Diagnostics, Alnylam Pharmaceuticals, INOVA Diagnostics, Inc., Aon Corporation, NCR Corporation, Polycom, Columbia University, Massachusetts Institute of Technology, Arizona State University, and City of Hope.

Mr. Gindler was one of the principal trial attorneys in City of Hope National Medical Center v. Genentech, Inc., in which Irell & Manella obtained a $302 million compensatory damages award arising from Genentech’s failure to pay royalties owed on patents relating to fundamental technology that helped to create the biotechnology industry. The $302 million compensatory damages award was upheld by both the California Court of Appeal and the California Supreme Court, and is the largest jury verdict ever affirmed in a published California appellate decision.

Mr. Gindler is also highly regarded for representing technology, entertainment, and multimedia companies and leading financial institutions in hotly contested matters concerning the protection of trade secrets and related rights. He frequently litigates cases requiring prompt injunctive relief to prevent misappropriation of trade secrets and proprietary information, as well as cases involving allegations of employee raiding and unfair competition. He has handled matters on behalf of a diverse group of clients, including MTV Networks, Paramount Pictures, Merrill Lynch, and Credit Suisse First Boston.

Recent Representative Matters

• Ariosa Diagnostics, Inc. v. Sequenom, Inc. Currently representing Ariosa Diagnostics in a declaratory judgment action in which Sequenom seeks to exclude Ariosa from selling an innovative non-invasive test using next-generation sequencing for assessing a pregnant woman’s risk of carrying a fetus afflicted with Down Syndrome or other chromosomal abnormalities. The firm defeated Sequenom’s effort to secure a preliminary injunction in an opinion rejecting every argument that Sequenom advanced.
• Verinata Health, Inc. v. Ariosa Diagnostics. Currently representing Ariosa Diagnostics in a patent infringement suit filed by Verinata which, like the action involving Sequenom, seeks to enjoin Ariosa from selling its innovative non-invasive test for fetal chromosomal abnormalities.
• PDL BioPharma, Inc. v. Genentech, Inc. and F. Hoffmann-La Roche. Currently representing PDL BioPharma, which pioneered technology relating to humanization of recombinant antibodies, in a complex breach of contract and tort action with potential damages exceeding $1 billion.
• Centocor, Inc. v. Genentech, Inc. and City of Hope. Represented City of Hope in a declaratory judgment action seeking a ruling that a fundamental patent co-owned by Genentech and City of Hope and licensed to Centocor was invalid and not infringed. Case successfully resolved on favorable terms after City of Hope prevailed on all claim construction issues.
• Alnylam Pharmaceuticals, Inc. et al. v. Whitehead Institute for BioMedical Research, et al. Represented Alnylam and Max Planck Institute in complex patent dispute concerning rights to fundamental technology covered in two families of patent applications in the field of RNA interference. The case was successfully resolved on favorable terms through a creative settlement that used co-ownership rights and other cooperative mechanisms to overcome PTO rejections in both patent application families.
• University of Utah v. Alnylam Pharmaceuticals, et al. Currently representing Alnylam, Max Planck Institute, Whitehead, Massachusetts Institute of Technology, and University of Massachusetts in a dispute over inventorship rights to patents and patent applications in the RNA interference field co-owned by the defendants. In this case, Mr. Gindler represents all of the parties involved in the lawsuit listed above, including the parties who were adverse to Alnylam and Max Planck Institute in that lawsuit.
• Aon Corporation v. Guy Carpenter & Company. Currently representing Aon Corporation, one of the world’s largest insurance and financial services companies, which has been accused by a competitor of infringing a patent relating to graphical representations of insured risks and related data used in the reinsurance business.
• CooperVision, Inc. v. CIBA Vision, Inc. Represented CooperVision in multiple lawsuits in multiple forums in actions involving cross-allegations of infringement of patents relating to certain core technologies used in contact lenses. Case successfully resolved through an innovative cross-licensing arrangement.
• DataTreasury Corporation v. NCR Corporation. Represented NCR in a patent infringement suit relating to electronic processing of financial transactions. Achieved very early settlement on favorable terms, while multiple defendants in related cases involving the same patents reportedly paid eight-figure settlements.

Although he resides in Southern California, Mr. Gindler practices on a nation-wide basis. He has litigated cases in the Northern District of California, the Eastern District of Texas, the Southern District of New York, the District of Massachusetts, the District of Delaware, the District of Oregon, the District of Minnesota, among many others. Mr. Gindler also supervises litigation with an international dimension, working with lawyers overseas on both commercial and patent disputes.

Mr. Gindler is an active supporter of the non-profit performing arts community in Los Angeles. He currently serves as Chairman of the Board of Directors of the Los Angeles Master Chorale and The Antaeus Company. He is also a member of the Board of Directors of the Los Angeles Philharmonic Association. His wife, Kiki Ramos Gindler, is a member of the Board of Directors of Center Theatre Group (the largest non-profit theatre organization in the country), as well as the Board of Governors of the Ojai Music Festival.

Professional Activities

• Member of the Litigation, Intellectual Property Law, and Labor and Employment Law Sections of the American Bar Association, the State Bar of California, and the Los Angeles County Bar Association.

Bar & Court Admissions

• California
• United States Supreme Court, United States Court of Appeals for the Ninth Circuit, United States Court of Appeals for the Federal Circuit, United States District Courts—Central, Southern, Eastern, and Northern Districts of California