David R. Sugden     dsugden@calljensen.com (V-Card)

Mr. Sugden is a shareholder at Call, Jensen & Ferrell, and specializes in intellectual property litigation throughout the United States.  Specifically, Mr. Sugden focuses on protecting his clients’ brands and has served as lead counsel in copyright, trademark, trade secret, and unfair competition cases throughout the country against infringers of his clients’ intellectual property rights.  Mr. Sugden has served as lead counsel in such cases against software pirates, counterfeiters, black and gray marketers in California, Texas, Oklahoma, Florida, New Jersey, Tennessee, and Georgia.  Some of Mr. Sugden’s more notable verdicts and judgments within the last two years include the following:

 

▪ $47.4 Million Verdict (Software Misappropriation / Copyright Infringement):  A unanimous jury ordered a software pirate to pay Mr. Sugden’s client $47.4 million following a three-week jury trial in federal court.  

 

▪  $20 Million Judgment (Software Misappropriation / Copyright Infringement): A consent judgment of $20 million against a software pirate followed a surprise search and seizure with U.S. Marshals wherein Mr. Sugden and his investigation team were able to locate and find direct evidence of software misappropriation.

 

▪  $10 Million Judgment (Warranty Fraud / Trademark Infringement): A consent judgment of $10 million against an illegal gray marketer was obtained after investigative brand protection purchases were able to prove intentional warranty fraud and illegal black/gray marketing of Mr. Sugden’s client’s trademarks.

 

▪  $5 Million Judgment (Breach of Contract / Trademark Infringement): A consent judgment of $5 million was obtained against a “reselling partner” of Mr. Sugden’s clients brand protection purchases were able to show that the reselling partner was engaging in prohibited gray market transactions.   

 

Brand Protection Treatise (Oxford University Press 2009)

Mr. Sugden is also the author of Gray Markets: Prevention, Detection, and Litigation (Oxford University Press 2009), which highlights the strategies and theories to protect brand owners from the black and gray marketing of their products.   It is currently available for sale online through Amazon and Oxford University Press.

 

Other Publications

▪  Just or Unjust Compensation: Effective Strategies to Maximize Recovery in the Intellectual Property Trial (Intellectual Property Today, December 2007)

 ▪ Going Gray?  Putting An End To Illegal Marketing (IP Law 360, September 6, 2007)

 ▪ Preparing And Trying Intellectual Property Cases To Win,  And Win Big (Orange County Lawyer Magazine, September 2006)

 ▪ The Next Best Thing To The Smoking Gun (Trial Magazine, June 2006)

 ▪ Section 2019.210: A Sword, Not A Shield, (Orange County Lawyer Magazine, May 2006)

 ▪ Defending and Deterring Drive-By ADA Lawsuits (Federal Bar Association Newsletter, February 2005)

 ▪ Solid Defenses to the Liquidated Damages Class Action (Daily Journal, April 17, 2002). 

 ▪ Counter-Attack: Consumer Protection Lawsuits Must Be Defended Aggressively (Daily Journal, July 18, 2002)

 ▪ License to Harass:  California Law Provides Defendants in Frivolous Lawsuits with Needed Ammunition (Verdicts and Settlements, June 30, 2000)

Education and Background

Mr. Sugden was awarded a Doctor of Jurisprudence degree from Pepperdine University.  As a graduate student at Pepperdine, Mr. Sugden’s honors included being featured in the 24th Annual Edition of The National Dean’s List, and the 21st Edition of Who’s Who: American Law Students.  Mr. Sugden finished first-place in The Annual Dalsimer Moot Court Competition.  As an undergraduate student at Pepperdine, Mr. Sugden played on the Waves’ Varsity Baseball Team, and as a senior, was named to the “All-West Coast Conference Team.”

For the fourth year in a row, Mr. Sugden has been named by Los Angeles Magazine a “Rising Star” – a distinction reserved for just two and one-half percent of the attorneys in Los Angeles and Orange County.  Rising Stars are lawyers who are under 40, or who have been practicing ten years or less, selected for excellence in the practice of law.

 


 

 

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