Ranked, National Tier 1: Biotechnology Law by U.S. News and Best Lawyers (2010–2012)
honors + affiliations
Member, Delaware State Bar Association
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. District Courts for the Eastern, Middle, and Western Districts of Pennsylvania
- U.S. District Court for the District of Delaware
- U.S. District Court for the Northern District of Illinois
David W. Marston, Jr. is a partner in Morgan Lewis's Intellectual Property and Litigation practices and is a member of the firm's Class Action Working Group. His practice focuses on complex commercial issues, with particular emphasis on intellectual property litigation and class actions. Mr. Marston represents clients from a wide range of industries, including manufacturing, computer software and hardware, media, and information technology. He represents plaintiffs and defendants in federal and state court litigation and has also represented clients in international arbitrations. He handles all aspects of litigation from inception through trial and post-trial appeals.
In December 2010, Mr. Marston successfully defended a large multinational corporation before the American Arbitration Association against breach of contract claims over the exclusivity provision in a license agreement. The client recovered its full legal costs.
In September 2010, Mr. Marston successfully defeated certification and obtained summary judgment in a class action filed in the U.S. District Court of New Jersey for breach of express and implied warranties, breach of contract, unjust enrichment, and violations of the New Jersey Consumer Fraud Act.
He also prevailed in a multimillion-dollar arbitration before the Netherlands Arbitration Institute arising from the failure of U.S. private equity funds to consummate the purchase of manufacturing subsidiaries of a Swedish multinational corporation that were located in Italy, Japan, and the U.S.
After graduating from law school in 1999, Mr. Marston served as a law clerk to Judge Roderick R. McKelvie, U.S. District Judge for the District of Delaware. He served on active duty with the U.S. Coast Guard in Miami, Florida from 1993 to 1996.Mr. Marston is admitted to practice in Pennsylvania and Delaware and before the U.S. Court of Appeals for the Federal Circuit; the U.S. Court of Appeals for the Third Circuit; the U.S. District Courts for the Eastern, Middle, and Western Districts of Pennsylvania; U.S. District Court for the District of Delaware; and the U.S. District Court for the Northern District of Illinois.
- Represents an international publishing company against copyright infringement suits brought in the U.S. District Court for the Southern District of New York, the U.S. District Court for the District of Arizona, and the U.S. District Court for the Eastern District Pennsylvania.
- Represents a university in the U.S. District Court for the Western District of Pennsylvania in a patent infringement claim against a medical manufacturing company.
- Represents a hospital company in the U.S. District Court for the Middle District of Pennsylvania against qui tam whistleblower claims under the federal False Claims Act.
- Obtained summary judgment on behalf of a large multinational corporation in a case before a Kentucky state court alleging wrongful discharge, abuse of process, intentional infliction of emotional distress, and defamation.
- Successfully defended a technical computing company against claims of inequitable conduct in a patent infringement case in the U.S. District Court for the Western District of Wisconsin.
- Prevailed in a panel of the American Arbitration Association on behalf of a healthcare information provider claiming breach of a "most favored nations" provision in a license agreement.
- Represented a materials manufacturer in the U.S. District Court for the District of Utah in claims and cross claims involving breach of contract.
- Villanova University School of Law, 1999, J.D.
- Cornell University, 1992, B.S.