David E. Schmit
David practices in all areas of intellectual property law, with particular concentration in patent, trademark, copyright, trade secret and unfair competition litigation. During his more than 30 year career he has acted as lead trial counsel in nearly 100 litigation cases, including 10 complex jury trials in which he was sole trial attorney.
INTELLECTUAL PROPERTY LITIGATION PRACTICE
David has served as lead trial counsel in patent infringement actions involving electronic control systems, surgical staplers, food dye processes and products, medical carts, prismatic surgical lamps, glue application equipment, cartridge air cleaners, intravenous catheters, ultrasonic aspirators, electronic locks, mechanical deadbolts, coal processing machinery, wallboard manufacturing machinery, fuel processes, luggage carts, sanitary napkins, radar detectors, gun holsters, electronic hyperthermia equipment, industrial knife sharpeners, steel treating processes, air knives, door checkers, candle toppers, counterfeit products, dry ice blasting machines, rolling mill spindles, computer software, surgical skull clamps, conveyor systems, electronic synthesizers, magnetic games, clothing designs, and web-based social search technology, among others.
In particular, David served as lead trial and appellant counsel for the successful plaintiff/appellee, and argued for Respondent Hilton Davis Co. before the United States Supreme Court in the landmark patent infringement case of Hilton Davis Chemical Co. v. Warner Jenkinson, Inc.
David has also served as lead trial counsel in numerous trademark, service mark, and trade dress infringements in areas including personal care products, shampoos, radio station call letters, pneumatic nailers, California card casinos, electrostatic air cleaners, fast food mall restaurants, toys, rolling mill spindles, and dry ice blasting machines, among others.
He has also frequently served as lead trial attorney in trade secret infringement litigation, for example in cases involving adhesive application equipment, nuclear dosimeters, lottery ticket dispensing machines, fuel processing, dry ice blasting machines, and rolling mill spindles, including acting as lead trial and appellate counsel in the leading Ohio trade secret case Valco Cincinnati, Inc. v. N&D Machining Co.
David has acted as lead trial counsel in numerous copyright infringement actions involving, for example, cartographic representations, literary anthologies, computer software, floral basket designs, house plans, advertising, photographic works, embroidered curtain designs, toys, cleaning equipment, and clothing designs.
He has also served as lead trial counsel in unfair competition cases involving product simulation, antitrust claims, steel making equipment; and in technology licensing disputes.
In addition to serving as litigation counsel, David has served as an expert witness in patent matters, and as chairman of numerous arbitration panels.
PATENT, TRADEMARK, COPYRIGHT ADMINISTRATIVE PRACTICE
In his role as patent attorney and intellectual property practitioner and advisor, David has:
Drafted numerous electrical, electronic, mechanical, chemical and design patent applications; and participated in ex parte and inter partes proceedings, and appeals before the United States Patent and Trademark Office;
Represented trademark and service mark owners before the United States Patent and Trademark Office in prosecution of registration applications and inter partes matters;
Registered claims to copyright for logos, T-shirt designs, literary works, artwork, cartoon characters, videotapes, computer software, music, cartographic works, and photographic works, among others;
Negotiated and drafted licensing agreements for intellectual property rights involving computer software, musical works, maps, toys, characters, and celebrity likenesses, among others; and
Advised on all aspects of patent, trademark, service mark and copyright use, protection, licensing, and enforcement.
Highlights & Recognitions
- Chambers USA, Intellectual Property, 2008-2015
- Selected for inclusion in Ohio Super Lawyers® 2004-2006, 2008-2009, 2012-2015
- The Best Lawyers in America® 2008-2015
- The Best Lawyers in America® Cincinnati Litigation-Intellectual Property Lawyer of the Year, 2012, Cincinnati Litigation-Patent, 2015
- AV® Rated, Martindale-Hubbell®
Memberships & Affiliations
- Cincinnati Patent Law Association
- Ohio State Bar Association
- United States Patent and Trademark Office
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2016
- 65 Frost Brown Todd Attorneys Recognized in 2015 Chambers USA®
- 37 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® for 2015
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers In America® 2015
- 63 Frost Brown Todd Attorneys Recognized in 2014 Chambers USA®
- ThyssenKrupp Elevator Wins Patent Infringement Case
- 42 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers®
- 172 Frost Brown Todd Attorneys Recognized in 2014 Best Lawyers®
- 67 Frost Brown Todd Attorneys Recognized in 2013 Chambers USA®
- 43 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 17 Recognized by Ohio Rising Stars® for 2013
- 167 Frost Brown Todd Attorneys Recognized in 2013 Best Lawyers®
- 44 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 15 Recognized by Ohio Rising Stars® for 2012
- 13 Frost Brown Todd Attorneys Recognized as 2012 “Lawyers of the Year”
- 150 Frost Brown Todd Attorneys Recognized in Best Lawyers® 2012 Edition
- 57 Frost Brown Todd Attorneys Recognized in 2011 Chambers USA®
- 145 Frost Brown Todd Attorneys Recognized in Best Lawyers® 2011 Edition
- 54 Frost Brown Todd Attorneys Recognized in 2010 Chambers USA
- Frost Brown Todd Attorneys Receive Recognition in 2010 Super Lawyers® Corporate Counsel Edition