Barnard, David R.

Mr. Barnard is a partner in Lathrop's intellectual property division. In 2008, Missouri Lawyer's Weekly named Mr. Barnard as one of its "Up & Coming" lawyers under 40. Mr. Barnard was named a "Rising Star" by Super Lawyers for the Missouri/Kansas region in 2008 and 2009 and a "Super Lawyer" in 2010. He has also appeared in Best Lawyers in America since 2010.

Mr. Barnard's litigation work has included patent, trademark, copyright, trade secret and other commercial disputes in different courts throughout the nation. His business counseling practice has included assisting a wide range of companies - including intellectual property, entertainment, manufacturing, financial institutions, engineering, biotech, Internet, marketing and media clients. 

He has handled matters as diverse as attracting venture capital, creating company-wide intellectual property identification and protection programs, noninfringement and freedom of operation opinions, creating comprehensive employee trade secret protection programs, licensing, assisting nationally-syndicated media clients with liability risk management and advising feature length film makers on intellectual property clearance, marketing and distribution rights.

Significant Accomplishments:

• Led patent case against well-known, national company resulting in favorable Markman ruling and ultimately a multi-million dollar settlement.
• Led successful defense of complex patent, trademark, unfair competition and antitrust case in the Middle District of Florida including "bet the company" injunction proceeding.
• Led successful defense of massive patent case in the District of New Hampshire against prominent national IP firm resulting in multiple favorable Markman rulings and ultimately summary judgment on all claims.
• Led successful defense of misappropriation of likeness claim in Texas state court against high-profile plaintiff's firm arising from Payne Stewart biography.
• Led copyright infringement defense for international television network against local author resulting in successful mediation.
• Led trademark infringement and dilution case against Fortune 100 company.

Prior to joining Lathrop & Gage, Mr. Barnard clerked for the Honorable Nanette Laughrey, United States District Court, Western District of Missouri.