David J. Wolfsohn

Partner

  • David J. Wolfsohn
  • Phone: +1 215 979 1866

    David J. Wolfsohn - LinkedIn Import to Address Book

  • Duane Morris LLP
    30 South 17th Street
    Philadelphia, PA 19103-4196
    USA

David J. Wolfsohn is a nationally renowned intellectual property trial lawyer who has tried dozens of cases to verdict and argued numerous appeals. A Fellow of the American College of Trial Lawyers, he has been described by clients in Chambers USA (where he is listed in Band I) as a "phenomenal litigator" with a "wonderful combination of technical knowledge and ability to connect with a jury and clients” and "very smart and aggressive in the courtroom." In 2020, Mr. Wolfsohn was named Philadelphia Lawyer of the Year in trademark litigation by Best Lawyers in America, and in 2012, he received the same award for copyright litigation. Among the jury verdicts he has obtained is a defense verdict for the H.J. Heinz Company over the idea for the Dip and Squeeze and the largest indirect-profits copyright award in The Graham Company v. USI MidAtlantic.

Areas of Practice

  • Intellectual Property Litigation
  • Patents
  • Copyrights
  • Trademarks
  • Unfair Competition
  • Trade Secrets

Representative Matters

  • Elias v. ICE (S.D. Fla.). Obtained summary judgment on behalf of hotel chains, affirmed by 11th Circuit, in $1.5 billion case under the Digital Millennium Copyright Act regarding dissemination of photographs on the internet.

  • Colony Grill Development v. Colony Grill, Inc. (D.Conn.). Defeated two motions for preliminary injunction in trademark and trade secrets case prevailing in four separate appeals to the Second Circuit.

  • Moon Express v. Intuitive Machines (D. Del.). Obtained jury verdict (affirmed by Third Circuit) on behalf of Intuitive Machines in a lawsuit over IP ownership and work performed on moon landing software and robotic space shuttle.

  • Wawrzynski v. H.J. Heinz Co., et al. (W.D. Pa.). Obtained defense verdict in dispute over ownership of ideas for Heinz's Dip and Squeeze ketchup package.

  • The Graham Company v. USI MidAtlantic & Haughey (E.D. Pa.). After two appeals to the Third Circuit and two (denied) petitions for cert., received affirmance of $30.4 million judgment based on jury award in copyright case claiming indirect profits under section 504(b) of the Copyright Act.

  • Yellow Pages Photos, Inc. v. Ziplocal LP and Yellow Pages Group, LLC (M.D. Fla.) Plaintiff obtained nominal jury award against our client where plaintiff was claiming $1.5 billion in damages. District court denied request for fees. Eleventh Circuit affirmed ruling on what constitutes a “work” for purposes of copyright statutory damages.

  • deCode v. Hakonarson et al. (E.D. Pa.). Obtained favorable settlement on behalf of The Children’s Hospital of Philadelphia and four scientists in trade secret/non-compete case.

  • US Office Products v. Allied Office Supplies Inc. et al. (D. Del.). Obtained preliminary injunction and $5.8 million settlement in corporate raid case involving theft of trade secrets on behalf of $1 billion office products company.

  • TruePosition v. Andrew Corp. (Del. Super. Ct.). Obtained high seven figure settlement in patent licensing dispute.

  • Nixon v. Commonwealth, 576 Pa. 385, 839 A.2d 277 (2003). Pro bono representation of rehabilitated ex-felons challenging constitutionality of employment ban; Supreme Court held ban unconstitutional.

Admissions

  • Pennsylvania
  • Supreme Court of the United States
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Eleventh Circuit

Education

  • University of Chicago Law School, J.D., cum laude, 1988
    - Order of the Coif
  • Manhattan School of Music, Doctor of Musical Arts, 1984
  • Villa Schifanoia Graduate School of the Fine Arts, M.M., 1976
  • Beloit College, B.A., 1974

Experience

  • Duane Morris LLP
    - Partner, 2013-present
  • Woodcock Washburn LLP
    - Partner 2005-2013

  • Hangley Aronchick Segal & Pudlin
    - Shareholder, 1994-2005
    - Associate, 1989-1994

  • The Hon. Walter K. Stapleton, Court of Appeals for the Third Circuit
    -  Law Clerk, 1988-1989

Professional Activities

  • Fellow of the American College of Trial Lawyers
    - Member of Complex Litigation Committee, 2018-present
  • American Bar Association, Section of Litigation
    - Counsel Member, 2022-2025
    - Federal Practice Task Force, 2022-present
    - Co-Chair Regional Meetings Committee (2018-2021)
    - Co-Director, Division VI, 2016-2017
    - Co-Chair, Intellectual Property Litigation Committee, 2013-2016
    - Co-Chair, Trial Evidence Committee, 2009-2012
  • Federal Bar Association
    - Treasurer, Eastern District of Pennsylvania Chapter, 2017-present
  • The Copyright Society of the U.S.A.
    - Philadelphia Chapter Chair, 2007-2009

Honors and Awards

  • Named a World Trademark Review Global Leader, 2024

  • Listed in World Trademark Review 1000 list of the World's Leading Trademark Professionals, 2023 and 2024

  • Fellow, American College of Trial Lawyers (since 2016); member, Complex Litigation Committee
  • Band I in Chambers USA: America's Leading Lawyers for Business

  • Listed in The Best Lawyers in America, 2007-2024

  • Named a Best Lawyers "Lawyer of the Year" in Trademark Law, Philadelphia, 2021
  • Named Best Lawyers' Philadelphia Lawyer of the Year in Copyright Litigation, 2012

  • Listed as a "Trademark and Copyright Star" in Managing Intellectual Property's IP Stars, 2015-2023

  • Named an "Unsung Hero" in The Legal Intelligencer’s Professional Excellence Awards 2020

  • Listed as a Pennsylvania Super Lawyer for Intellectual Property Litigation, 2004-2021

  • Named a Local Litigation Star by Benchmark Litigation, 2019

  • Philadelphia Inquirer: Influencer of Law, 2019

  • Ranked in the IAM Patent 1000, 2018

  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Civic and Charitable Activities

  • Astral Artistic
    - Board Member
  • Salt Bay Chamber Music
    - Board Member

Media Hits

  • Quoted, "Digital Strategy," Floral Management, June 2023

Selected Speaking Engagements

  • Speaker, "Stopping the Phillie Phanatic from Becoming a Free Agent: The Curious Case of Termination under
    Section 203 of the Copyright Act," Bucks County Bar Association CLE, Webinar, April 28, 2022
  • Speaker, "Who’s a Phan of Section 203 Termination? Why the Phillie Phanatic Should Never Have Been a Free Agent,"  Philadelphia Intellectual Property Association, January 27, 2022
  • Panelist, "The Defend Trade Secrets Act:  From the Basics to Recent Developments,"  Federal Bar Association, January 18, 2022
  • Speaker, "Is Copyright Phanatical?" Center for Technology, Innovation and Competition and the Penn Intellectual Property Group, Philadelphia (Hybrid Event), December 1, 2021
  • Speaker, "Lessons from Recent Trade Secret Cases," DuPont & Widener University School of Law IP CLE Seminar, October 2012
  • Speaker, "Top Ten Mistakes to Avoid in Depositions," ABA Section of Litigation Annual Meeting, Miami, Florida, April 2011
  • Speaker, "Copyright for the General Practitioner," New York County Bar Association
  • Speaker, "eDiscovery: Philadelphia Law Department CLE 'Boot Camp,'" July 2008
  • Speaker, "Deposition Basics," ABA Section of Litigation Annual Meeting, Atlanta, Georgia, April 2008
  • Speaker, "An Argument by Any Other Name: How to 'Argue' Permissibly in Opening Statements," ABA Annual Meeting, San Francisco, California, August 2007