David Ludwig

Attorney Profile

Top Rated Intellectual Property Litigation Attorney in Leesburg, VA

Dunlap Bennett & Ludwig PLLC
 | 211 Church St. SE, Leesburg, VA 20175
Phone: 703-777-7319
Fax: 703-777-3656
Selected To Super Lawyers: 2021
Licensed Since: 2006
Practice Areas:
  • Intellectual Property Litigation (20%),
  • Intellectual Property (20%),
  • Civil Litigation: Plaintiff (20%),
  • Business Litigation (20%),
  • Government Contracts (10%),
  • Technology Transactions (10%)
    Attorney Profile

    Attorney David Ludwig is a partner with Dunlap Bennett & Ludwig PLLC law firm, which has law offices in Leesburg, Virginia, and Puerto Rico. A nationally ranked trial lawyer with more than 14 years of total legal experience, Mr. Ludwig provides invaluable counsel and support to a diverse range of clients throughout Virginia and all across the country, as well as internationally, who have legal needs involving any of the following:

    · General civil litigation

    · Intellectual property

    · Government contracts

    · Internet law

    · Bankruptcy and debt

    Over the course of his legal career, Mr. Ludwig has represented numerous manufacturing companies in trademark and copyright infringement issues against some of the largest media companies in the United States. He has also enacted positive changes in the laws that govern a homeowner's entitlement to attorney fees in claims against their homeowners' associations. In addition, he has successfully represented clients, both locally and nationally, in complex bankruptcy proceedings and complex litigation.

    Honored for his impeccable professionalism and superior client service, Mr. Ludwig has earned an AV Preeminent peer review rating* from Martindale-Hubbell along with a Lawyers of Distinction rating and designation as one of America's Top Lawyers from the American Law Society. He has also received designation as Virginia's 2012 Legal Elite for Bankruptcy and Creditor's Rights as well as a Leader in the Law designation in 2018. He has also received a 10 out of 10 client rating on Avvo.

    A 1997 graduate of California State University, Sonoma State University, Mr. Ludwig received his master's degree from Naropa University in 2001. He then attended George Washington University National Law Center as a Thurgood Marshall Scholar, where he obtained his Juris Doctor in 2006 as a Merit Scholar. While there, he received honorable mention in moot court competition, and he was both a Dean's Fellow and Writing Fellow.

    Mr. Ludwig holds his admission to practice in Virginia, Maryland, New York, Georgia and the District of Columbia as well as before the following courts:

    · U.S. District Courts for the Eastern and Western Districts of Virginia, the District of Maryland, the District of Columbia, the District of Colorado, the Eastern District of Texas, the Middle and Northern Districts of Georgia, and the District of Puerto Rico

    · U.S. Bankruptcy Courts for the Eastern and Western Districts of Virginia, the District of Maryland, the District of Columbia, the Middle and Northern Districts of Georgia, and the District of Puerto Rico

    · The U.S. Court of Federal Claims

    · The U.S. Tax Court

    · The U.S. Court of Appeals for the 3rd, 4th, Federal and District of Columbia Circuits

    · The U.S. Supreme Court

    Mr. Ludwig is also an active member of the American Bar Association's Intellectual Property Section, the American Intellectual Property Law Association, the International Trademark Association, and many local, state and national legal organizations.

    *AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

     
    Practice Areas
    • 20%Intellectual Property Litigation
    • 20%Intellectual Property
    • 20%Civil Litigation: Plaintiff
    • 20%Business Litigation
    • 10%Government Contracts
    • 10%Technology Transactions
    Focus Areas

    Copyrights, Patents, Trademarks, Intellectual Property Law, Trade Secret, Internet

    Selections

    Selected to Super Lawyers for 1 yearsbottom-image

    Super Lawyers: 2021

    Email Me

    To: David Ludwig
    Super Lawyers: Potential Client Inquiry

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    The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. The use of the internet or this contact form for communication is not necessarily a secure environment. Contacting a lawyer or law firm email through this service will not create an attorney-client relationship, and information will not necessarily be treated as privileged or confidential.

    White Papers

  • The Pros and Cons of Registering Photo and Music Copyrights as a Collection or Group (2014) - In the Internet age, where digital music and image files are easily shared, copyright protection is critical for musicians, photographers and digital artists.

  • Shooting the Messenger: ISP Liability for Contributory Copyright Infringement (2006) - Judicial enforcement of contributory copyright infringement claims against Internet Service Providers

  • About David Ludwig

    Admitted: 2006, Virginia

    Professional Webpage: https://www.dbllawyers.com/attorney/david-ludwig/

    Honors/Awards:

    • Lawyers of Distinction
    • America’s Top Lawyers – American Law Society
    • Leaders in the Law, Virginia Lawyers Weekly, 2018
    • Top Litigation Attorney, 10.0 “Superb”, Avvo, 2016
    • Virginia’s 2012 Legal Elite (Bankruptcy / Creditors’ Rights), Virginia Business, 2012
    • AV® Preeminent -- Martindale-Hubbell® Peer Review Ratings: The highest peer rating standard, which signifies that judges and the attorney's peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards., 2015

    Bar/Professional Activity:

    • Prince William County Bar Association
    • U.S. Tax Court
    • U.S. Court of Federal Claims
    • U.S. Supreme Court
    • U.S. Bankruptcy Courts – Eastern District of Virginia, Western District of Virginia, District of Maryland, District of Columbia, Middle District of Georgia, Northern District of Georgia, and District of Puerto Rico
    • U.S. District Courts – Eastern District of Virginia, Western District of Virginia, District of Maryland, District of Columbia, District of Colorado, Eastern District of Texas, Middle District of Georgia Northern District of Georgia, and District of Puerto Rico
    • U.S. Courts of Appeals – Federal Circuit, District of Columbia Circuit, Fourth Circuit, and Third Circuit
    • Western District of Texas
    • Georgia
    • District of Columbia
    • New York
    • Maryland
    • International Trademark Association, 2016
    • Virginia
    • Copyright Society of the USA, 2016
    • Georgia Bar Association, 2016
    • American Intellectual Property Law Association, 2016
    • Virginia Bar Association, 2016
    • Maryland State Bar Association, 2016
    • Loudoun County Bar Association, 2016
    • American Bar Association, Intellectual Property Section, 2016
    • Federal Bar Association, 2016
    • District of Columbia Bar Association, 2016
    • Fairfax County Bar Association, 2016

    Pro bono/Community Service:

    • Mensa
    • Every Citizen Has Opportunities, Inc. (ECHO), Board Member
    • Community Associations Institute
    • Board President, Every Citizen Has Opportunities, Inc., 2016

    Scholarly Lectures/Writings:

    • Shooting the Messenger: ISP Liability for Contributory Copyright Infringement, B.C. Intell. Prop. & Tech. F. 110701 (2006)
    • Essentials of Copyright (VA CLE)
    • Nothing “Soft” About It: Modernizing Copyright & Trademark Practice for the Digital Era (AIPLA)
    • Adjunct Professor of Scholarly Writing, American Intellectual Property Law Association Quarterly Journal, The George Washington University Law School (2008-present)
    • Presenter, Protecting Your Brand Against Cybersquatting: How Your Company Can Fight Back, The Knowledge Group, 2016
    • Business Contracts A to Z, Bankruptcy’s Effect on Contracts (NBI CLE)
    • Nuts and Bolts of Bankruptcy Law, The Basics of Chapter 13 (NBI CLE)
    • Virginia Lawyer’s Deskbook, Chapter 8: Patents, Copyright & Trademark (Virginia CLE 2017)
    • Essentials of Intellectual Property, Virginia CLE (2018)
    • Intellectual Property and Advertising, Brewery and Distillery Law in Virginia (NBI CLE)
    • Authored the Virginia (and co-authored the West Virginia) chapter of INTA's survey of 50-state trademark and unfair competition laws, Author, U.S. State Trademark and Unfair Competition Law - Virginia, International Trademark Association, 2020
    • Presenter, Sweeping Changes to the Trademark Trial and Appeal Board, The Knowledge Group, 2017
    • Presenter, The Value of a Trademark Portfolio, Money for Lunch, 2014
    • Presenter, Creditors' Defenses During Bankruptcy, National Business Institute, 2013
    • Presenter, Copyright Infringement: Strategies. Resources. Resolutions, The Washington, DC Chapter of American Photographic Artists, 2013

    Verdicts/Settlements:

    • DTS Construction v. Dulles Electric Corp., Case No. 07-12589 (E.D. Va. Bankr. 2009)
    • Air China Limited v. airchina.com, Case No. 07-1089 (E.D. Va. 2008)
    • Main Street Softworks v. Moneta Corp., Case No. 10-45 (E.D. Va. 2010)
    • In re: World Airways, Inc., Government Accountability Office (GAO) Case B-402674 (2010)
    • Hayes v. Withers Broadcasting Company, Case No. 12-740 (D. D.C. 2012): Defended a large communications company in trademark infringement action alleging infringement of a mark related to an internet radio website by a prominent West Virginia radio station. Successfully secured an early dismissal of the lawsuit upon jurisdictional grounds., 2012
    • Tinnus Enterprises, LLC v. Telebrands Corp., Case No. 16-1410 (Fed. Cir. 2016): Appeal of order granting clients the extraordinary remedy of a preliminary injunction in hotly contested patent infringement case. Decision pending., 2016
    • Swimways Corp. et al. v. Zuru, Inc., , Case No. 13-334 (E.D. Va. 2014): Successfully defended patent infringement case involving robotic fish technology. Secured summary judgment completely invalidating the plaintiff's patent based on lack of novelty in light of prior art., 2014
    • Oracle America, Inc. v. Service Key LLC, et al., Case No. 12-790 (N.D. Cal. 2013): Defended an information technology government contractor that was accused, by Oracle, of copyright infringement and violations of the Computer Fraud and Abuse Act relating to downloads of firmware upgrades and software patches from Oracle in service of governmental clients., 2013
    • Batt, et al. v. Manchester Oaks Homeowners Association: Successful challenge to an HOA's discriminatory parking policy, resulting in a ground-breaking decision by the Virginia Supreme Court. Manchester Oaks Homeowners Ass’n v. Batt, 284 Va. 409, 732 S.E.2d 690 (2012). Clients awarded damages and recovery of their full attorneys' fees., 2012
    • North Lock LLC v. CV Brewing Co., Opp. No. 91219821 (TTAB 2016): Prosecuted Trademark Opposition case on behalf of prominent local brewery whose trademark was bring infringed by another brewery. Successfully cancelled the trademark application of the infringing user in final decision from the Trademark Trial and Appeal Board., 2016
    • Dougherty v. Atlantic Airways, LLC, Case No. 13-447 (M.D. Pa. 2013): Successfully secured an early dismissal of the lawsuit upon jurisdictional and substantive grounds., 2013
    • Chaikin v. XID Technologies, Inc., Case No. 12-282 (E.D. Va. 2013): Defended a Singapore based technology that develops facial recognition software that was accused, by a former employee, of taking an invalid assignment of a former employee’s interest in the patent applications registered with the United States Patent and Trademark Office. Successfully secured an early dismissal of the lawsuit upon jurisdictional grounds., 2013
    • Titan Atlas Manufacturing, Inc. v. Sisk, Case No. 1:11cv00012 (W.D. Va. 2010-2012): Defended patent infringement claims against Titan Atlas Manufacturing, Inc. involving technology licensed from Entwicklungs und Verwertungs Gesellschaft M.B.H., for a prefabricated construction panel used to construct mine ventilation overcasts. Defended patent infringement claims seeking damages of $2,440,018, prosecuted declaratory judgment counterclaims challenging the validity of the patent at issue, and conducted Markman (claim construction) hearings., 2012
    • United States ex rel. Benjamin Carter v. Halliburton Co., et al., Case No. 12-1011 (E.D. Va. 2009-2014; 4th Cir. 2013): Prosecuted Qui Tam whistleblower claims (False Claims Act (FCA), 31 U.S.C. § 3729) of Carter alleging fraudulent billing of the United States for services provided to the military forces serving in Iraq in Federal Court. Successfully appealed lower court ruling to 4th Circuit Court of Appeals Appellate court reversed district court’s decision that it lacked subject matter jurisdiction over Carter’s claims because of the False Claims Act’s first to-file bar, 31 U.S.C. § 3730(b)(5). Made new law in the Court of Appeals on the issue of whether the statute of limitations on Carter’s complaint was not tolled by the Wartime Suspension of Limitations Act (WSLA), 18 U.S.C. § 3287, which was appealed to the U.S. Supreme Court., 2015
    • Continental Transfert Technique Ltd. v. The Federal Government of Nigeria, Case No. 11-7103 (D. D.C. 2010-2013; D.C. Cir. 2013): Defended the Federal Government of Nigeria in international collections dispute brought by a logistics company related to a disputed government contract seeking damages of $423,184,115.29., 2013

    Transactions:

    • Negotiated the sale of Neurologist's interest in medical practice., 2016
    • Negotiated the sale of local pharmacy business., 2016

    Representative Clients:

    • Withers Broadcasting Company, 2012
    • Port City Brewing Co., 2016
    • The Government of Singapore, 2015
    • AmeriGas Propane, LP, 2010
    • The Federal Government of Nigeria, 2013
    • ZURU, Inc., 2014

    Educational Background:

    • Sonoma State University, B.A. Philosophy
    • Naropa University, M.A. Religious Studies
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    Office Location for David Ludwig

    211 Church St. SE
    Leesburg, VA 20175

    Phone: 703-777-7319

    Fax: 703-777-3656

    David Ludwig:

    Last Updated: 1/12/2021

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