David R. Kocan

/My focus

I represent software, hardware, and video game clients in intellectual property disputes and business counseling matters. As a former software developer with an MBA degree, I approach cases and transactions with both technical fluency and a business mindset.

High-Stakes IP Litigation

In patent, copyright, trademark, trade secret, and commercial disputes, I help clients develop and execute effective case strategies at every stage of litigation. My focus is not just on delivering a winning strategy but a return on investment, whether by avoiding unnecessary costs or identifying new revenue opportunities through counterclaims and business-driven settlements.

Over the past decade, I have represented clients in matters ranging from month-long jury trials in federal court to international IP licensing negotiations. My trial work includes highly technical cases such as Oracle v. Rimini Street and a nationally significant opioid trial brought in the Northern District of California.

Building Business-Focused IP Portfolios

Beyond litigation, I help clients build IP portfolios that unlock new revenue streams, strengthen company valuations, and reduce the risk of costly disputes. Having seen how portfolios and contracts are tested in court allows me to design strategies that anticipate and avoid risks from the outset. My MBA training shapes this work, allowing me to structure IP assets so that the dollars spent are outweighed by the costs avoided and revenues unlocked.

Practical IP Counseling

I also advise companies on day-to-day IP issues, including protecting new products before launch, structuring technology deals and partnerships to maximize value and minimize risk, and negotiating IP licensing agreements to open new markets and generate new revenue streams. Clients value that I make complex legal and technical issues understandable and actionable, providing clear strategies to protect innovation and drive business growth.

Beyond the Practice

Outside of work, I stay connected to technology and gaming both professionally and personally. A lifelong gamer and maker, I enjoy high-tech projects involving open-source software, artificial intelligence, and 3D printing—hands-on work that keeps me close to the same innovations my clients are driving. As an Eagle Scout with a lifelong passion for the outdoors, I also pursue astrophotography as a way to unite technology, creativity, and time spent contemplating the cosmos under the stars.

/Representative experience

• Oracle v. Rimini Street (D. Nev.)—Served on trial team in month-long jury trial in Las Vegas involving highly technical copyright and computer software issues.
• City & County of San Francisco v. Purdue Pharma (N.D. Cal.)—Member of trial team in nationwide opioid litigation.
• Center for Workplace Compliance v. Littler Mendelson (E.D. Va.)—Represented plaintiff in copyright litigation alleging unauthorized downloads and use of member-restricted compliance materials, seeking significant statutory damages and injunctive relief.
• Gaming & Entertainment IP—Assisted video game publisher develop and execute an enforcement strategy against infringers and copycat developers.
• AR Video Game Headset Product Development & Compliance —Advised major video game company during development of augmented reality headset, addressing issues related to IP, data privacy, and other high-tech compliance issues to reduce launch risk and support a smoother path to market.
• Technology Patent Litigation—Represented major US telecom company in multiple district court and PTAB proceedings asserting patents related to mobile device communication technologies.
• Consumer Products & Trade Dress—Defended furniture company in trade dress litigation, building a successful defense strategy based on functionality and overlap with expired utility patents.

/Looking ahead

The continued growth of AI, virtual reality (VR), and augmented reality (AR) technologies has presented unique legal considerations for my clients. IP protection for AI, virtual and augmented reality content, licensing agreements, and privacy concerns related to user data in these environments are areas to watch.

/Insights

• Speaker, Game Developers Conference (2025)—Intellectual property ownership and AI in game development
• Speaker, Linux Foundation Open-Source Summit (2024)—Intellectual property ownership in open-source AI development
• Panel Moderator, Video Game Bar Association Annual Summit (2024)—Legal challenges of loot boxes in gaming
• Panelist, Video Game Bar Association Annual Summit (2024)—The unintended consequences of the TikTok ban on the gaming industry
• Quoted in Game Developer (2025)—Commentary on copyright risks of AI-generated imagery in game development
• Contributor—Articles on open-source licensing, COPPA 2.0 compliance, and AI copyright risks