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David L. Applegate

Partner, Williams Montgomery & John LTD

David L. Applegate is a partner of Williams Montgomery & John Ltd., chair of the firm's intellectual property practice group and a member of the commercial litigation practice group. He focuses his practice on patent, trademark, copyright, trade secret, unfair competition, licensing, and business litigation and arbitration.

Mr. Applegate is a Fellow of the Litigation Counsel of America, a trial lawyer honorary society. He is "AV Preeminent" peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for both ethical standards and legal ability.

Mr. Applegate has been named by his peers for inclusion in Illinois Leading Lawyersand IllinoisSuper Lawyersfor both commercial and intellectual property litigation.

Mr. Applegate joined the firm in 2003, after three years with an established intellectual property boutique, ten years running his own firm, and 12 years with two prior intellectual property and commercial litigation firms. Throughout his career, Mr. Applegate has represented corporations and individuals as both plaintiffs and defendants in state and federal litigation at the trial and appellate levels. He has taken many cases to verdict as lead trial counsel in both jury and bench trials nationwide and has argued appeals in the Illinois appellate courts and the U.S. Court of Appeals for the Seventh and Federal Circuits. Mr. Applegate also has extensive commercial arbitration and private mediation experience in both national and international dispute resolution forums, and is a member of the Chicago International Dispute Resolution Association.

Mr. Applegate's clients include individual entrepreneurs, startup companies, established mid-sized businesses andFortune500 companies in the fields of advertising, authorship, arts and entertainment; broadcasting; computer security devices; environmental technologies; financial technologies; industrial turbine technology; medical, dental, orthopedic and orthodon­tic products; medical and clinical testing devices; trucking and transportation, including air-ride and leaf-spring suspension technology; and Internet domain names.

As examples of cases he has litigated for clients, Mr. Applegate represented Beckman Instruments in a patent, copyright and trade secret lawsuit against a competitor in the scientific instrumentation field, represented MTV Networks in licensing and copyright disputes related to the Chicago Bears "Super Bowl Shuffle" video, defended Jennifer Lopez and her producers in a federal Lanham Act trademark case, and prosecuted international trademark infringement claims on behalf of Sears Roebuck and Co. and Westinghouse Electric Corporation.

Education
  • J.D., University of Chicago Law School, 1978
  • B.A., Yale University, 1975

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Publications and Multimedia
Hot News: The "Hot-News" Doctrine Is Hot Again! Or Is It?
Engage Volume 12, Issue 3, November 2011
December 14, 2011
The America Invents Act: First to File versus First to Invent? - Podcast
Intellectual Property Practice Group Podcast
June 20, 2011
Prometheus Unbound: The Federal Circuit Responds to Bilski
Engage Volume 12, Issue 1, June 2011
June 03, 2011
In re Bilski: Business Method Patents Resolved? Not Likely
Engage Volume 11, Issue 3, December 2010
December 23, 2010