Overview
David Cupar
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David B. Cupar

Member; Chair, Intellectual Property Department
Cleveland

EMAIL dcupar@mcdonaldhopkins.com

PHONE 216.430.2036

WATCH: Meet Dave Cupar

Experience
Dave is Chair of the firm’s IP Department and oversees a diverse and experienced team of more than 20 attorneys, paralegals, and staff. The Department counsels market-leading companies and institutions on cutting-edge IP issues around the world. 

He focuses his practice in two key areas: 

  1. Strategic IP Solutions for Innovation Leaders: Companies and institutions who desire to be innovation leaders regularly hire Dave to identify and develop solutions that optimally align the company’s IP strategy with its overall business objectives. 
    Businesses have benefited through these strategy-based solutions in many ways, including:
    • Developing IP assets that create real value to businesses
    • Monetizing IP to increase valuation 
    • Reducing IP portfolio management costs
    • Mitigating risks of competitive IP 
    • Ceasing infringing sales and payment of damages from competitors 

  2. IP Enforcement and Dispute Resolution Strategies: Market leaders who have been wronged by domestic and foreign competitors partner with Dave to identify a sound strategy to resolve such disputes in a cost-effective, results-oriented manner. 
Dave was named "Lawyer of the Year" in for Patent Law in Cleveland by The Best Lawyers in America®, 2018. He earned a J.D., cum laude, and a B.S., cum laude, from Case Western Reserve University.   
 

Representative Cases/Matters

Cases

  • Obtained summary judgment of no misappropriation on a trade secret dispute pertaining to a complex polymeric process.
  • Represented tier automotive supplier company in patent infringement suit involving complex polymeric process that included numerous patents and numerous parties.
  • Represented tier automotive supplier company in patent infringement suit involving injection molding systems.
  • Obtained summary judgment of non-infringement for a world leader in vehicle towing accessory systems in a patent infringement dispute.
  • Obtained judgment of willful patent infringement for an aftermarket automotive supplier against a foreign manufacturer dumping infringing products into the U.S. market.
  • Obtained judgment on behalf of a kitchen appliance company in trademark infringement, unfair competition and deceptive trade practices litigation against infringers wrongfully using and cybersquatting the company's trademark on the Internet.
  • Represented a tier automotive company in a patent infringement suit stopping a competitor from manufacturing and selling a brake controller system. 
  • Represented a kitchen appliance company in successfully asserting its patent against a competitor and obtaining a license agreement.
  • Represented leader in product dispenser industry in patent infringement suit against competition involving U.S. and European patents.
  • Counseled a local corporation in obtaining the first trademark license and becoming the first licensee of a famous trademark.
  • Successfully defended a tier automotive company in defense of a suit relating to vehicle lighting systems.

Matters

  • Prepared and procured patents in numerous polymeric fields including polymeric compositions and processing.
  • Analyzed issues of patentability, patent infringement, validity, and enforceability, on behalf of numerous companies in the chemical, biotechnical, and mechanical arts.
  • Counseled companies and institutions regarding licensing, sale and acquisition of intellectual property rights.
  • Prepared and procured chemical and mechanical patent applications on behalf of tier one and tier two automotive supplier companies before the U.S. Patent and Trademark Office.
Credentials

Admissions - Court

  • U.S. Patent and Trademark Office
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the 6th Circuit
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Eastern District of Arkansas
  • U.S. District Court for the Western District of Arkansas
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Northern and Southern Districts of Ohio
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Western District of New York

Admissions - State

  • Ohio

Education

  • Case Western Reserve University School of Law
  • Case Western Reserve University

Honors and Awards

  • Named leader in Ohio Intellectual Property - Chambers USA (2017) 
  • Named one of the Best Lawyers in America (2016-2018)
  • Designated "Lawyer of the Year" in Cleveland for Patent Law by Best Lawyers in America (2018)
  • Selected for inclusion in Ohio Rising Stars (2011, 2013, 2014, 2018)

Professional Membership

  • American Intellectual Property Law Association-Member, Biotech Committee-Liaison to Amicus Committee
  • Cleveland Intellectual Property Law Association-Chair, Chemical Committee
  • International Trademark Association
  • Cleveland Metropolitan Bar Association
  • American Chemical Society
Insights

External Publications

Events

Speaking Engagements

  • "Intellectual Property Strategies to Protect Your Valuable Assets," Executive College on Laboratory and Pathology Management, New Orleans, May 2011. 
  • "Practical Advice and Legal Strategies to Protect Intellectual Property of the Laboratory and Molecular Technologies," Executive College on Laboratory and Pathology Management, New Orleans, May 2009. 
  • "Best Practices for Avoiding Inequitable Conduct Issues," Cleveland Intellectual Property Law Association, October 2008. 
  • "Intellectual Property Strategies: Two Case Studies," Executive College on Laboratory and Pathology Management, Miami, May 2008. 
  • “Post-KSR Strategies in the Chemical and Biotech Fields,” Cleveland Intellectual Property Law Association, November 2007.
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