David W. Wicklund 15YEARSAWARDED

David W. Wicklund

recognized lawyers icon Recognized in Best Lawyers since 2009
Awarded Practice Areas
Commercial Litigation Litigation - Antitrust Litigation - Intellectual Property
David W. Wicklund
David W. Wicklund
Toledo, OH
Works at
Shumaker, Loop & Kendrick LLP

104 Best Lawyers awards

Shumaker, Loop & Kendrick LLP logo

Biography

Practicing law for over four decades, David has extensive experience in business litigation with a focus on antitrust, patent infringement, and other intellectual property (IP) cases. He represents corporate clients in various industries, including banking and financial institutions, health care, and technology.

Recently recognized for his 50 years as a member of the Toledo Bar, David has been a leading legal figure in patent rights infringement cases and complex litigation cases, including:

  • Representing a hospital association in an action against the State of Ohio challenging the compensation to hospitals for workers' compensation claims, which resulted in a multi-million-dollar payment to the hospitals
  • Successfully defending a physician hospital organization in a state antitrust action
  • Successfully defending a health care technology company against numerous lawsuits related to record privacy issues
Works at
Shumaker, Loop & Kendrick LLP

104 Best Lawyers awards

Shumaker, Loop & Kendrick LLP logo

Locations

Education

  • Williams College, graduated 1971
  • The University of Toledo, JD, graduated 1974

Bar Admissions

  • Ohio, Ohio State Bar Association

Affiliations

  • University of Toledo Law Alumni Association - President (1994-2000)
  • Ohio State Bar Association Antitrust Section - Board of Governors (1994-2001)
  • American Bar Association Antitrust Section,Business Tort and Unfair Competition Committee, and Civil Practice and Procedure Committee - Member
  • University of Toledo College of Law - Dean's Advisory Board
  • Village of Woods Stream Farms Property Owners Association Board of Directors - President
  • American Bar Association - Member
  • Ohio State Bar Association - Member
  • Toledo Bar Association - Member
  • University of Toledo Law Review - Editor in Chief 1973-74

Client Testimonials

Awards & Focus

Recognized in The Best Lawyers in America® 2027 for work in:
  • Commercial Litigation
  • Litigation - Antitrust
  • Litigation - Intellectual Property
Special Focus:
  • Antitrust
  • Complex Litigation
  • Intellectual Property
  • Trade Regulation

Case History

Cases
  • Lacks Industries, Inc. v. McKechnie Vehicle Components, USA
Represented Lacks in a patent infringement action against McKechnie and Hayes Lemmerz Int''l, Inc. The matter proceeded to trial in 2000 before a Special Master. He Special Master found that defendants had infringed Lacks'' patent, but found that Lacks it had the claimed invention on sale more than one year before applying for the patent and, therefore, its patent is invalid. The case was appealed to the Federal Circuit, which vacated the finding of invalidity and remanded for further proceedings. After additional discovery and motion practice, the Special Master again found the patent invalid based on Lacks'' pre-critical date activities. The case was again appealed to the Federal Circuit, which reversed and remanded. The case is now pending before the District Court in Detroit.
  • Riza v Mercy Physician Hospital Organization
Defended Mercy PHO in a state law antitrust action brought by a group of dissident member physicians of the PHO. After a three-week trial, the Court dismissed all the claims against Mercy PHO.
  • Danka v. Teleautograph
Represented Danka in an arbitration proceeding against TA after purchasing the assets of TA. Danka alleged that TA had breached the asset purchase agreement by providing false or inadequate information regarding its inventories and liabilities. After three weeks of arbitration, the panel in a multimillion dollar award in favor of Danka.
  • Crown Equipment Corporation v. Raymond Corp.
Represented Crown as co-trial counsel in a patent infringement action against a competitor Raymond. After a 3 1/2 week trial, the jury found that Raymond had infringed the Crown patent and awarded damages of $4.3 million. The case then settled before the jury consider whether Raymond''s infringement had been willful.
  • Ohio Hospital Association v. Ohio Bureau of Workers'' Comp.
Represented OHA in an action on behalf of Ohio hospitals against the Bureau Workers'' Compensation, asserting that the Bureau had violated Ohio law by unilaterally implementing a reduction in reimbursement to Ohio hospitals without complying with Ohio''s statutory procedure for rulemaking. The trial court granted OHA''s motion for summary judgment, which was later affirmed by the Franklin County Court of Appeals. As a result, Ohio hospitals were able to recoup approximately $60 million in overpayments made to the Bureau.
  • Alps South, LLC v. The Ohio Willow Wood Company
Represented plaintiff, Alps South, LLC, in a patent infringement action against The Ohio Willow Wood Co. that resulted in a jury verdict in favor of Alps finding that The Ohio Willow Would Co. Had infringed and willfully infringed an Alps' patent, that the patent was not invalid, and awarding almost $4,000,000 in damages.

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