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DAVID E. KLEINFELD

PARTNER

  • J.D., 1980
    New York University School of Law
  • B.A., 1977
    Wesleyan University
    (cum laude)

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David Kleinfeld
601 South Figueroa Street
41st Floor
Los Angeles, CA 90017
USA
213.426.2500

David Kleinfeld is a partner in Goodwin Procter’s Litigation Department and a member of its Intellectual Property Litigation Practice. He joined Goodwin Procter in 2010.

WORK FOR CLIENTS

Mr. Kleinfeld has significant trial experience representing corporations in litigation involving intellectual property, unfair competition and various business and commercial disputes. He has previous significant victories for clients such as QUALCOMM, Kyocera and Jostens.  Other representative clients in recent and pending matters include Nokia, Cricket, MetroPCS, ZTE, HTC, Bank of America and Ernst & Young.

His successes include a complete defense victory by QUALCOMM on patent infringement claims after a three-week jury trial involving position location technology; a plaintiffs’ jury trial victory on behalf of QUALCOMM and against Trimble Navigation regarding defective GPS receivers; and a defense victory on behalf of Ernst & Young regarding accounting malpractice and related claims. He defended QUALCOMM in litigation brought by more than 120 plaintiffs, in eight consolidated cases, seeking in excess of $150 million for claimed damages related to lost stock options. A complete defense victory was achieved in the trial court following the granting of 10 successive summary adjudication motions. Mr. Kleinfeld also defended QUALCOMM in class action litigation brought by former employees seeking damages of over $500 million. He obtained dismissal of claims by 97% of the class and the action was subsequently settled with payment made entirely by third parties. In addition, Mr. Kleinfeld represented QUALCOMM in five consolidated cases including patent and license disputes with Motorola, in which claims for injunctive relief and damages were successfully resisted. Most recently he obtained substantial verdict in an ICC arbitration involving disputed patent royalties.

Mr. Kleinfeld’s additional previous representations include representation of Washington Mutual and Hewlett Packard in class action litigation; representation of the City of San Diego in litigation relating to the multibillion-dollar underfunding of the San Diego City Employee Retirement System; and representation of Mail Boxes, Etc. and Kaplan in litigation including unfair competition and theft of trade secret claims where he obtained permanent injunctions and other relief. Mr. Kleinfeld achieved a defense victory on behalf of Bank of America in a matter claiming RICO violations in front of Judge James Lorenz.

Mr. Kleinfeld has extensive experience in lender liability defense and previously served as lead counsel for Mitsui Manufacturers Bank in obtaining the first reported appellate decision to establish that banks are not liable for tort damages of breach of standard commercial loan agreements. In addition, he was part of the trial team that obtained a defense verdict and award of attorneys and accounting fees in excess of $1 million from the advisory jury in Grivas v. Security Pacific National Bank. Mr. Kleinfeld was also part of the trial team that obtained a defense verdict and award of $3.5 million to the bank from the jury in Bianchi v. Bank of America.

PROFESSIONAL ACTIVITIES

Mr. Kleinfeld is a member of the State Bar of New York, State Bar of California, State Bar Litigation Section Executive Committee, Founding Master J. Clifford Wallace American Inn of Court and San Diego County Bar Association. He also is a member of the Committee of Adoption of Local Patent Rules of the U.S. District Court Southern District of California and is a former president and a current member of the board of directors and executive committee of the San Diego Opera. Mr. Kleinfeld is a former member of the Board of Governors of the San Diego Association of Business Trial Lawyers and American Arbitration Association.

MEDIA

Mr. Kleinfeld is author of:

  • “The Effects of the New Standard for Inequitable Conduct,” Daily Journal (January 4, 2012)
  • “Claimed Damages Under Close Scrutiny,” The Recorder (November 14, 2011)
  • “New Local Rules Pave the Way to Speedier Patent Trials,” San Diego Daily Transcript (June 12, 2007)

BAR AND COURT ADMISSIONS

Mr. Kleinfeld is admitted to practice in California and New York, and before the U.S. District Court for the Central, Northern, Eastern and Southern Districts of California; the U.S. District Court for the Southern and Eastern Districts of New York; the U.S. Court of Appeals for the Second, Ninth and Federal Circuits; and the U.S. Supreme Court.

RECOGNITION

Mr. Kleinfeld is listed by San Diego Magazine as one of San Diego’s top commercial and intellectual property litigators, and by California Law Business as one of California’s top rainmakers. He has been selected by his peers for inclusion in Best Lawyers in the areas of commercial and intellectual property litigation, and was selected for inclusion in the San Diego “Super Lawyers” lists for his intellectual property litigation practice.