David R. Bailey

David Bailey focuses his practice on all aspects of patent law, with an emphasis on freedom to operate opinions, inter partes reviews and post-grant proceedings before the Patent Trial and Appeal Board (PTAB), and patent litigation. He has appeared before the PTAB on several occasions and has argued before the Federal Circuit, as well as led several inter partes and ex parte reexamination proceedings.

David has counseled medical device companies concerning product launches and acquisitions. He has also worked on trial teams representing a number of Fortune 500 technology companies in various technology areas, including the medical device, chemical, and computer industries. Notably, he was a member of the trial team in Microsoft Corp. v. AT&T Corp., decided by the Supreme Court. In addition, his practice includes client counseling, patent portfolio management, licensing, and acquisition, in which he applies his focused legal knowledge to many technologies, including medical devices, chemical processing, drug delivery, and computer software.

David previously taught Patent Litigation at Villanova Law School. Prior to his legal career, David worked as an engineer for PQ Corporation, a global producer of inorganic chemicals.

• Successfully represented a medical device manufacturer in defeating an inter partes review challenge.
• Represented a multinational computer company in a patent infringement litigation involving voice compression software, which later went to the Supreme Court for resolution of an issue concerning infringement under 35 U.S.C. § 271(f), decided favorably for the client.
• Represented a global specialty chemical company in a patent infringement litigation involving FCC unit catalysts, and won an infringement verdict at trial, which was affirmed by the Federal Circuit.
• Represented a multinational medical device company in a licensing dispute determined favorably for the client.
• Led the successful reexamination proceeding for a patent involved in a concurrent litigation where the patent concerned intervertebral implants.
• Leading the reexamination proceeding for a patent involved in a concurrent, stayed litigation, where the patent concerns spinal stabilization rods secured to pedicle screw assemblies.
• Managed patent portfolios for a litigated patent technology to strengthen its position with respect to competitors.

• Martindale-Hubbell: AV Preeminent
• Recognized as Best Lawyers in America for Patent Law, Philadelphia, 2026

• American Intellectual Property Law Association
• Philadelphia Intellectual Property Law Association