About Me

David Ludwig Bio

David Ludwig

I am an adjunct professor at the GW Law school. I teach Scholarly Writing to students who are on the American Intellectual Property Law Association (AIPLA) Quarterly Journal writing about intellectual property law matters.

I am also a partner at Dunlap Bennett & Ludwig PLLC. My practice focuses on civil litigation in the areas of patent, trademark, copyright, internet / domain names, commercial transactions, government contracts, community associations, and bankruptcy law / creditor’s rights, as well as trademark and copyright prosecution, and government contracts law. I have represented local and national clients in federal and state court litigation and arbitration matters, as well as in bankruptcy proceedings. I have represented manufacturing companies in complex patent infringement matters, technology companies in trademark infringement matters, and copyright holders in infringement actions against the likes of Disney and ABC. In 2012, I made new law in Virginia by successfully arguing to the Virginia Supreme Court that a prevailing homeowner is entitled to recover attorneys’ fees in a claim against a Homeowners Association that has violated the provisions of its own governing documents. I maintain an AVVO “Superb” rating, and I have been named one of Virginia’s Legal Elite by Virginia Business Magazine.

Areas of Practice

Commercial Litigation
Community Associations / HOA
Copyright Litigation
Copyright Prosecution
Creditors Rights / Business Bankruptcy
Defamation Litigation
Domain Names / Internet Law
False Claims Act / Qui Tam
Government Contracts / Bid Protests
Intellectual Property Litigation
Local Counsel & Pro Hac Vice
Mediation / Arbitration
Patent Litigation
Property and Zoning Disputes
Real Estate & Foreclosure
Trademark / False Advertising Litigation
Trade Secrets and Unfair Competition
Trademark & Copyright Prosecution

Bar Admissions

Virginia
Maryland
District of Columbia
U.S. Supreme Court
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Eastern District of Virginia
U.S. District Court for the Western District of Virginia
U.S. District Court for the District of Maryland
U.S. District Court for the District of Columbia
U.S. District Court for the District of Colorado
U.S. Bankruptcy Court for the Eastern District of Virginia
U.S. Bankruptcy Court for the Western District of Virginia
U.S. Bankruptcy Court for the District of Maryland
U.S. Bankruptcy Court for the District of Columbia
U.S. Court of Federal Claims
U.S. Tax Court

Education

The George Washington University Law School,
Washington, D.C. — J.D., with Honors

American Intellectual Property Law Association
Quarterly Journal — Articles Editor

Naropa University, Boulder, Colorado —
M.A. Religious Studies

California State University, Sonoma, California —
B.A. Philosophy

Published Works & Classes Taught

Adjunct Professor of Scholarly Writing, American Intellectual Property Law
Association Quarterly Journal, The George Washington University
Law School (2008–present)

Next Step: Copyright Infringement – Strategies. Recourses.
Resolutions.
(American Photographic Artists of
Washington, D.C.)

Nuts and Bolts of Bankruptcy Law, The Basics of Chapter 13 (NBI CLE)

Business Contracts A to Z, Bankruptcy’s Effect on Contracts (NBI CLE)

Shooting the Messenger: ISP Liability for Contributory Copyright Infringement,
B.C. Intell. Prop. & Tech. F. 110701 (2006)

Representative Cases

Dougherty v. Atlantic Airways, LLC, Case No. 13-447 (M.D. Pa. 2013)
Defended a Virginia aviation and flight training company against allegations of fraud and breach of contract brought by a disgruntled flight student. Successfully secured an early dismissal of the lawsuit upon jurisdictional and substantive grounds.

Chaikin v. XID Technologies, Inc., Case No. 12-282 (E.D. Va. 2013)
Defended a Singapore based technology that develops facial recognition software that was accused, by a former employee, of taking an invalid assignment of a former employee’s interest in the patent applications registered with the United States Patent and Trademark Office. Successfully secured an early dismissal of the lawsuit upon jurisdictional grounds.

Oracle America, Inc. v. Service Key LLC, et al., Case No. 12-790 (N.D. Cal. 2013)
Defended an information technology government contractor that was accused, by Oracle, of copyright infringement and violations of the Computer Fraud and Abuse Act relating to downloads of firmware upgrades and software patches from Oracle in service of governmental clients.

Manchester Oaks Homeowners Ass’n v. Batt, 284 Va. 409, 732 S.E.2d 690 (2012)
Successfully challenged an HOA’s discriminatory parking policy that was enacted in violation of the provisions HOA’s governing documents, resulting in Judgment in favor of clients of in the amount of $223,303.70. On appeal, made new law in support of aggrieved homeowners by successfully arguing that the Virginia Property Owners’ Association Act allows aggrieved homeowners to recover their attorneys’ fees in such cases.

Continental Transfert Technique Ltd. v. The Federal Government of Nigeria, Case No. 11-7103 (D. D.C. 2010-2013; D.C. Cir. 2013)
Defended the Federal Government of Nigeria in international collections dispute brought by a logistics company related to a disputed government contract seeking damages of $423,184,115.29.

Hayes v. Withers Broadcasting Company, Case No. 12-740 (D. D.C. 2012)
Defended a large communications company in trademark infringement action alleging infringement of a mark related to an internet radio website by a prominent West Virginia radio station. Successfully secured an early dismissal of the lawsuit upon jurisdictional grounds.

Titan Atlas Manufacturing, Inc. v. Sisk, Case No. 1:11cv00012 (W.D. Va. 2010-2012)
Defended patent infringement claims against Titan Atlas Manufacturing, Inc. involving technology licensed from Entwicklungs und Verwertungs Gesellschaft M.B.H., for a prefabricated construction panel used to construct mine ventilation overcasts. Defended patent infringement claims seeking damages of $2,440,018, prosecuted declaratory judgment counterclaims challenging the validity of the patent at issue, and conducted Markman (claim construction) hearings.

In re: World Airways, Inc., Government Accountability Office (GAO) Case B-402674 (2010)
Bid protest on behalf of incumbent contractor World Airways, Inc. on the award of five contracts for $485 million under a request for proposals (RFP), issued by the United States Transportation Command, Department of Defense, for air cargo transportation services of five fixed-price indefinite-delivery indefinite-quantity (ID/IQ) contracts, for a base period of one year with one one-year option for international commercial air cargo transportation services within the United States Central Command CENTCOM).

United States ex rel. Benjamin Carter v. Halliburton Co., et al., Case No. 12-1011 (E.D. Va. 2009-2014; 4th Cir. 2013)
Prosecuted Qui Tam whistleblower claims (False Claims Act (FCA), 31 U.S.C. § 3729) of Carter alleging fraudulent billing of the United States for services provided to the military forces serving in Iraq in Federal Court. Successfully appealed lower court ruling to 4th Circuit Court of Appeals Appellate court reversed district court’s decision that it lacked subject matter jurisdiction over Carter’s claims because of the False Claims Act’s first to-file bar, 31 U.S.C. § 3730(b)(5). Made new law in the Court of Appeals on the issue of whether the statute of limitations on Carter’s complaint was not tolled by the Wartime Suspension of Limitations Act (WSLA), 18 U.S.C. § 3287, which is being appealed to the U.S. Supreme Court.

Amerigas Propane, LP v. Frederick Motor Company, Case No. 10-748 (Frederick County MD 2010)
Prosecuted negligence and property damage claim of large mid-atlantic propane company related to damage done to fleet vehicle by repair shop. Obtained favorable settlement for client.

Main Street Softworks v. Moneta Corp., Case No. 10-45 (E.D. Va. 2010)
Prosecuted trademark infringement claim against competing credit card processing company. Obtained favorable settlement for client, under which the defendant ceased all use of the disputed trademark and domain names.

BB&T Bank v. RJJ Tire Corp., Case No. 09-270 (Frederick County MD 2009)
Represented BB&T in collections case involving a breach of a commercial equipment lease agreement. Obtained a settlement in favor of BB&T involving a $72,000 confessed judgement note amounting to almost full payment of the sums due under the note.

Leiturgia Communications v. Evangelical Lutheran Church of America (2009)
Defended trademark infringement and domain name dispute. Successfully negoriated a domain name transfer and coexistence agreement, avoiding costly litigation.

DTS Construction v. Dulles Electric Corp., Case No. 07-12589 (E.D. Va. Bankr. 2009)
Defended electrical supply company against preferential transfer avoidance action brought by bankruptcy trustee.

Air China Limited v. airchina.com, Case No. 07-1089 (E.D. Va. 2008)
Defended domain name owner against international airline in multinational cybersquatting suit related to the airchina.com domain name.

American Sail Training Association v. Borer, Case 07-248ML (D. R.I. 2007)
Defended t-shirt and souvenir manufacturer against trademark infringement claims brought by ASTA by asserting trademark invalidity and other defenses.