Dave Moore


David E. Moore is a commercial litigator who concentrates his practice in several areas, including intellectual property litigation, trade secret litigation, contract disputes and other complex commercial litigation, as well as in alternative dispute resolution proceedings. His clientele ranges from the world’s best-known and largest companies in technology, pharmaceuticals, medical equipment and manufacturing to innovative startups developing everything from bamboo flooring to nutritional supplements. He also counsels numerous intellectual property and patent law firms.

Dave typically operates as a patent litigator in the US District Court for the District of Delaware. Operating as local counsel in most cases, his role is to advise and guide clients, often large non-Delaware firms, in Delaware procedures, personalities and practices. He has argued many times before Delaware judges, and practiced law with some occupants of the bench when they were attorneys themselves. As the de facto envoy to the courts where he has practiced for twenty years, his firsthand familiarity with the Delaware bench is a source of considerable value for his clients.

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From a matter’s inception through trials and post-trial briefings, Dave harmonizes the client’s case strategy with what he knows the judges are looking for. As one example, Delaware courts are known for a high level of civility. Rhetoric that would be considered totally unremarkable elsewhere can do serious harm to a Delaware case. Dave ensures that his clients are aware, and observant, of factors such as these, and operate in Delaware courts as effectively as possible. As another, more substantive, example, Dave also draws on his experience to help his clients shape arguments and positions to maximize their chances of success in the courts he knows well.

As a senior, highly experienced attorney, Dave’s role is to solve problems in a manner that resolves each client’s issue as rapidly and cost-effectively as possible. While he is not somebody to tangle with in litigation if it can be avoided, he is nevertheless primarily a problem-solver and a strategist. He views his work as means to an end, and strategy as an essential element of making that happen.

And he’s extremely effective at it, as borne out by comments from his clients. In recent Chambers interviews, clients have said, "David is excellent" and "Dave has a true understanding of how to successfully navigate complex patent litigations." He is “an invaluable resource in any Delaware case” and “is responsive, really smart and has personal credibility with judges.”

A longtime participant in firm committees and management, Dave formerly served as a member of the firm's Executive Committee and practice leader of the firm's General Litigation Group. In his spare time, he is an avid boater, surfer – anything out on the water.

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Representative Matters

  • Represented IBM in patent suit brought against Groupon Inc. in which a Delaware federal jury found that Groupon infringed four of IBM’s e-commerce patents and awarded IBM $82.5 million
  • Represented DuPont in patent infringement suit in which a Delaware federal jury found Unifrax LLC liable for infringing a DuPont patent for thermal blanket coating used in aircraft structures
  • Defended Intel Corp. in a $2 billion patent infringement suit brought by AVM Technologies in which a Delaware federal jury found that Intel had not infringed on any of the eight asserted claims
  • Defended surgical device manufacturer Lexion Medical in a case involving false advertising, deceptive trade practices and unfair competition, which resulted in a Delaware federal jury finding Lexion not liable on all claims and awarding Lexion $10 million in punitive damages and $2.2 million in damages for lost profits

Professional Activities & Recognition

Honors & Recognitions

Recognized in Chambers USA in the area of intellectual property litigation

Recognized in IP Stars, Managing Intellectual Property’s guide to leading IP firms and lawyers

Recognized by The Best Lawyers in America® for Commercial Litigation and Litigation - Intellectual Property, 2019 - present

2013 Recipient of the Caleb R. Layton, III Award


Delaware State Bar Association 

American Bar Association: Section of Litigation, Pretrial Practice & Discovery Committee, co-chair

American Bar Association: Section of Litigation, Trial Practice Committee, former co-chair 

Federal Bar Association, Delaware Chapter

Fellow of the American Bar Foundation


Temple University School of Law, LL.M. in Trial Advocacy, 2004

Temple University School of Law, J.D., 1999

Arizona State University, M.Ed., 1996

University of Virginia, B.S.Ed., 1992

Bar & Court Admissions

Bar Admissions

  • Delaware, 2000

    United States District Court for the District of Delaware

    United States Court of Appeals for the Third Circuit


Firm News

Speaking Engagements

David in the News

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