Overview

R. David Donoghue is a proven first-chair intellectual property (IP) trial attorney with significant jury trial victories and leads Holland & Knight's nationwide Intellectual Property Practice Group. Based in the Chicago office, Mr. Donoghue has established a strong track record as lead trial counsel in complex patent, trade secret, trademark and copyright disputes across district courts, the U.S. Court of Appeals for the Federal Circuit and U.S. Patent Trial and Appeal Board (PTAB).

As the nationwide IP practice lead, Mr. Donoghue provides strategic direction while maintaining an active trial docket. His first-chair trial experience includes securing a complete plaintiff's jury verdict in a Computer Fraud and Abuse Act (CFAA) case in the U.S. District Court for the District of Delaware, along with winning a patent jury verdict with findings of willfulness, full trebling of damages and complete attorney's fees award for manufacturing client Meyer Corp. against a key competitor. He also served as trial counsel in a Standards Essential Patent (SEP) damages bench trial that resulted in a significant defense victory.

Mr. Donoghue's advocacy extends across diverse technology sectors, from 3G/4G/LTE telecommunications standards to medical devices, automotive technologies and software patents. He has successfully defeated preliminary injunction motions in high-stakes competitor disputes and secured early dismissals through strategic motion practice, including multiple Rule 12 victories invalidating software patents that were affirmed by the Federal Circuit.

IAM Patent 1000 has recommended Mr. Donoghue since 2014, with a recent publication noting: "A practical lawyer who gets right to the heart of any matter, David Donoghue really understands the most technical aspects of patent law. He is also great at figuring out how to win cases without spending a shed-load of his clients' money." His combination of trial experience and practical business insight stems in part from his in-house experience as a founding member of Aptiv's (f/k/a Delphi) Technology Licensing and Litigation Group, where he handled substantial international IP litigation and licensing matters. Whether he is asserting his client's IP, defending against competitors or fending off Non-Practicing Entities (NPE), Mr. Donoghue blends his deep litigation experience with practical business insight garnered from his in-house experience.

In addition to his legal practice, Mr. Donoghue has served as an adjunct professor at the Loyola University Chicago School of Law, teaching legal research, writing and IP courses. At the beginning of his legal career, he served as a law clerk to the Honorable Gordon J. Quist, federal district judge for the U.S. District Court for the Western District of Michigan.

Mr. Donoghue is also the founder and principal author of the Chicago IP Litigation and Retail Patent Litigation blogs.

Representative Experience

  • Jury Verdict, Willfulness Decision and Fees Award: Lead trial counsel securing jury verdict with willfulness finding, trebled damages and full attorney's fees for Meyer Corp. against competitor
  • Standard Essential Patent (SEP) Damages Trial: First chair in SEP damages bench trial, achieving significant defense victory for hardware manufacturers
  • Life Sciences Daubert Win: Successful Daubert challenge in a patent dispute involving manufacturing milk sugars that eliminated plaintiff's entire damages expert opinion, forcing a settlement weeks before trial
  • Defeated Search Engine Preliminary Injunction: Lead counsel defeating preliminary injunction motions in patent disputes involving search engine technology and trade dress/false advertising claims
  • Early Alice/§101 Decisions: First chair in multiple Rule 12 victories invalidating Non-Practicing Entities (NPE) software patents, with U.S. Court of Appeals for the Federal Circuit affirmances

  • Computer Fraud and Abuse Act (CFAA)/Scraping Jury Verdict: First-chair trial lawyer in a CFAA action that achieved a complete plaintiff's jury verdict in the U.S. District Court for the District of Delaware for an airline client facing unlawful content scraping
  • Temporary Restraining Orders (TROs) and Preliminary Injunctions: Lead counsel in expedited trade secret proceedings, defeating TRO and preliminary injunction motions
  • Drones and Avionics: Lead counsel for a fixed-wing drone manufacturer alleging trade secret misappropriation against its vendor

  • Protecting Client Trademarks: Asserting a major retailer's house brand trademarks and trade dress against major competitors in federal district court
  • Defeated Trade Dress/False Advertising Preliminary Injunction: Defeated a preliminary injunction after expedited discovery in a trade dress and false advertising case
  • Color Trademark Experience: Defended a major U.S. manufacturer against color trademark claims
  • Asserting Trademark Portfolios: Asserting trademark portfolio for a leading online jobs board, including Uniform Domain-Name Dispute-Resolution Policy (UDRP) actions and Trademark Trial and Appeal Board (TTAB) proceedings

  • Retail Industry: Forced dismissal without payment in a point-of-sale patent dispute while summary judgment motions were pending
  • Auto Industry: Secured an early dismissal of a competitor patent dispute in the automotive sector through strategic prior art identification
  • Medical Device Experience: Defended a major medical device company against patent infringement claims, including winning substantive Rule 12 motions, substantially limiting the patentholder's case
  • Internet-Based and SMS/MMS Messaging Experience: Defended numerous clients against telecommunications and internet-based technology claims, including SMS and MMS messaging, GPS-based location functionalities and back-end internet shopping cart systems
  • Nutraceutical Formulations Experience: Defending NOW Health Group against various claims involving vitamins and nutraceuticals

Credentials

Education
  • Georgetown University Law Center, J.D., cum laude
  • University of Michigan, B.S.E., Aerospace Engineering, magna cum laude
Bar Admissions/Licenses
  • California
  • Illinois
  • Michigan
Court Admissions
  • U.S. Patent and Trademark Office
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Southern District of Illinois
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Western District of Michigan
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Wisconsin
  • U.S. Supreme Court
Memberships
  • Intellectual Property Law Association of Chicago, IP Litigation Committee, Vice Chair, 2020-Present
  • Federal Bar Association
  • Law360 Intellectual Property Editorial Advisory Board, 2018, 2019
  • University of Michigan Aerospace Engineering Alumni Association, Board Member
  • University of Michigan College of Engineering Alumni Board Member
Honors & Awards
  • The Best Lawyers in America guide, Patent Law, 2015-2026; Litigation – Patent, 2016-2026; Litigation – Intellectual Property, 2019-2026
  • Illinois Super Lawyers magazine, 2014-2025
  • Leading Litigators in America, Lawdragon 500, 2022, 2024-2026
  • Chambers USA – America's Leading Lawyers for Business guide, Intellectual Property, 2021-2025
  • IAM Patent 1000, the World's Leading Patent Professionals – Litigation, International Asset Management magazine, 2014-2025
  • The Irish Legal 100, Irish Voice, 2020-2023
  • IP Star, Managing Intellectual Property magazine, Patent Contentious, Trademark Contentious, and Licensing, 2013-2021
  • Martindale-Hubbell AV Preeminent Peer Review Rated
  • Current Developments Editor for the Georgetown Journal of Legal Ethics
  • Chicago Bar Association Herman Kogan Media Award

Publications

Speaking Engagements

News