Attorney User
Education
Honors
Telephone
Office Location(s)
Professional Profile
David Jankowski is a litigation partner in the firm's Orange County Office. He represents clients through all stages of U.S. litigation, from pre-suit through trial and appeal, in Federal courts across the country and in the International Trade Commission in Washington, D.C. His practice involves all types of intellectual property, including patents, trademarks, copyrights, trade secrets, false advertising, and unfair competition.
Dr. Jankowski has handled cases involving diverse products and technologies, including software, optical fiber laser amplifiers, radiation beam therapy systems, integrated circuits, laptop computers, aircraft flight control systems, internal combustion engine injection systems, magnetic braking systems, athletic equipment, after-market automobile parts, watercraft parts, food products and packaging, and women’s apparel.
Dr. Jankowski is also registered patent attorney. He has prepared and prosecuted patent applications in a variety of technologies, including software, e-commerce, medical devices, and optics.
Before entering the practice of law, Dr. Jankowski was an Assistant Professor of Physics and Astronomy at the University of Wisconsin, Eau Claire. He taught physics and astronomy courses for physics majors, engineers, and education majors. His scientific research at Cornell and UWEC involved computer modeling the surfaces of solid planetary bodies and digital image processing and analysis of spacecraft images.
Specializing In
Cases, Articles, Speeches & Seminars
Representative Matters
Dominion Dealer Solutions v. AutoAlert, Counsel for patentee in Patent Trial Appeal Board proceedings. Prepared preliminary patent owner responses to five petitions seeking the institution of inter partes reviews. The PTAB denied all five petitions.
Glidewell Labs. v. Keating Dental Arts, Counsel for accused infringer in trademark infringement lawsuit. Obtained summary judgment of no infringement.
Intamin, Ltd. v. Magnetar Technologies, Inc., Counsel for accused infringer in patent litigation regarding magnetic braking technology. 483 F.3d 1328 (Fed. Cir. 2007). Obtained summary judgment of non-infringement, invalidity, and no recovery due to plaintiff’s unclean hands. 2009 WL 1582919 (C.D. Cal 2009). Federal Circuit affirmed on appeal. (Fed. Cir., Jan. 18, 2011).
Typhoon v. Toshiba America Information Systems, et. al.: Counsel for accused infringer in multi-defendant patent litigation regarding laptop computer technology. Obtained summary judgment of non-infringement. Federal Circuit affirmed on appeal, 659 F.3d 1376 (Fed. Cir. 2011).
IMRA America v. IPG Photonics: Counsel for plaintiff in patent litigation regarding high power fiber lasers.
O2 Micro Int’l. v. Microsemi Corp, et al.: Counsel for accused infringer in ITC investigation regarding circuitry for flat screen power supplies.
Wave Loch v. American Wave Machines: Counsel for plaintiff in patent litigation regarding artificial wave technology.
Boss Industries, Inc. vs. Yamaha Motor Corporation, U.S.A.: Counsel for accused infringer in patent litigation regarding technology for personal watercraft seats. Obtained favorable claim constructions leading to summary judgment of non-infringement. Federal Circuit affirmed on appeal, 333 Fed. Appx. 531 (Fed. Cir. 2009).
Kruse Technology Partnership v. Caterpillar: Counsel for plaintiff in patent litigation regarding internal combustion engine technology. Defeated motion for summary judgment of noninfringement and invalidity. Case settled before trial.
Express, LLC v. Fetish Group, Inc.: Counsel for fashion boutique owner against claims by national retailer of fraud and unfair competition. Obtained summary judgment of copyright infringement in client’s distinctive design on clothing. 424 F. Supp. 2d 1211 (C.D. Cal. 2006). Also obtained summary judgment dismissing plaintiff’s fraud and unfair competition claims. 464 F. Supp 2d 965 (C.D. Cal. 2007).
Jonathan Manufacturing Corp. v. Central Industrial Supply Co.: Counsel for plaintiff in patent litigation regarding computer server mounting technology. Obtained preliminary injunction against defendant’s accused product.
Romala Stone, Inc. v. The Home Depot U.S.A., Inc.: Counsel for accused infringer in patent litigation. Obtained transfer of the case to the Northern District of Georgia.
Optus Software v. FileNet: Counsel for software company against claims of copyright infringement, breach of contract, and unfair competition. Developed evidence of spoliation, and case settled before trial.
Yamaha Motor Co., Ltd. v. Bombardier Inc.: Counsel for patentee in ITC investigation regarding technology for personal watercraft. Case settled after four-week trial.
Advanced Delivery & Chemical Sys., Ltd. v. Air Products and Chemicals, Inc.: Counsel for accused infringer in patent litigation regarding chemical delivery system technology. Obtained summary judgment of invalidity.
R&B Wire Products, Inc. v. Cheng Kuang Chen, et al.: Counsel for plaintiff in trade dress infringement lawsuit involving imported goods. Obtained temporary restraining order and seizure order against defendant.
Bassani Mfg. v. Brothers Performance Warehouse, Inc. dba BBK Performance, Inc.: Counsel for plaintiff in trade dress infringement and unfair competition litigation. Case settled before trial.
Articles
“Photoclinometry,” D G Jankowski, Article in Encyclopedia of Planetary Sciences, Chapman & Hall (1998).
“Rheology and Structure of Planetary Near-Surface Materials From Landform Topography,” Cornell University Department of Astronomy Doctoral Thesis, 1994.
"Topography of Small Martian Valleys." Goldspiel J M, S W Squyres, D G Jankowski, Icarus 105, 479–500 (1993).
"‘Softened’ impact craters on Mars: Implications for ground ice and the structure of the Martian megaregolith.” D. G. Jankowski and S. W. Squyres, Icarus 106, 365-379 (1993).
"Plains Tectonism on Venus: The Deformation Belts of Lavinia Planitia," -Squyres, S. W., D. G. Jankowski, G. E. McGill, M. Simons, and S. C. Solomon, J. Geophys. Res. 97, 13579-13600 (1992).
"Sources of Error in Planetary Photoclinometry." Jankowski, D G and S W Squyres, J. Geophys. Res. 96(E4), 20907-20922 (1991).
“On the Obliquity and Tidal Heating of Triton,” D G Jankowski, C F Chyba, P D Nicholson, Icarus 80, 211-219 (1989).
“Tidal Evolution in the Neptune-Triton System,” C F Chyba, D G Jankowski, P D Nicholson, Astronomy and Astrophysics 219, L23-L26 (1989).
“Solid-State Ice Volcanism on the Satellites of Uranus,” D G Jankowski and S. W. Squyres, Science 9, Vol. 241. 1322-1325 (1988).
“Diffusion-recombination phenomena from paired initial conditions,” D G Jankowski, Phys. Rev. A 33, 4415 - 4418 (1986).
Speeches & Seminars
"On the Patenting of Mice and Men: The Supreme Court’s Association for Molecular Pathology v. Myriad Genetics Case and Other Developments in Patent Law," Federal Bar Association, Inland Empire Chapter, September 25, 2013, Riverside, California.
"Magnifying Your IP IQ: Topics for the Savvy Intellectual Property Manager," workshop presentation, International Society for Optics and Photonics (SPIE), February 5, 2013, San Francisco, California.
“Enforcement of Patents: Offensive and Defensive Strategies,” workshop presentation, International Society for Optics and Photonics (SPIE), January 24, 2012, San Francisco, California.
Professional Memberships
American Intellectual Property Law Association (AIPLA)
Association of Business Trial Lawyers
Federal Bar Association
Orange County Bar Association
Orange County Patent Law Association