David L. Hayes

415-875-2411
dhayes@fenwick.com
Partner
Intellectual Property

David L.
Hayes

David L.
Hayes

David L.
Hayes

Partner
Intellectual Property

David advises clients on intellectual property matters, including litigation and audits, and technology licensing, distribution and transfer. He is a registered patent attorney with the U.S. Patent and Trademark Office.

Some of the world’s most innovative technology companies, including Amazon, Snowflake, Tencent, and Yuga Labs, turn to David for guidance on protecting their intellectual property through copyrights, patents, trade secrets, mask works and trademarks. He also advises clients on avoiding infringing the rights of others and has served as counsel in a number of precedent-setting software copyright infringement cases, including Apple v. Microsoft, Lotus Development v. Borland International and A&M Records v. Napster.

David is “the most experienced and helpful IP lawyer I have ever worked with.”

Chambers Global, Client Quote

2021 Edition

David’s experience also includes counseling clients on:

  • High-profile, complex technology transactions, including patent license transactions and acquisition strategies for both component technologies and turnkey systems
  • Complex open source issues
  • Internet and digital media copyright issues
  • Patent infringement matters

Pioneer in Internet Law

David has published dozens of articles and given many speeches throughout the United States and in Japan on various intellectual property topics. He has testified before Congress and federal agencies concerning intellectual property issues. David serves on the advisory board of The Berkeley Center for Law & Technology and the program committee for the USC Intellectual Property Law Institute, as well as the editorial boards of several leading IP trade publications. David was also instrumental in the formation of the LOT Network, a nonprofit organization that combats patent assertion entities for over 1,300 companies, and he currently serves on their advisory board.

While attending Harvard Law School, David was an editor of the Harvard Law Review. After law school, he served as a law clerk to the Honorable John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit. Prior to attending law school, David worked as an electrical engineer in Silicon Valley.

Read more

  • Airbnb
  • Alteryx
  • Amazon.com
  • AVEVA Software
  • Chegg
  • GB Sciences
  • Goldman Sachs
  • Google
  • Intuit
  • Instacart
  • Los Alamos National Laboratory
  • Nexon
  • Niantic
  • Nutanix
  • OSIsoft
  • Quest Diagnostics
  • SAP SE
  • ServiceNow
  • Snowflake
  • Tencent Holdings
  • WalkMe
  • Yuga Labs

  • Airbnb
  • Alteryx
  • Amazon.com
  • AVEVA Software
  • Chegg
  • GB Sciences
  • Goldman Sachs
  • Google
  • Intuit
  • Instacart
  • Los Alamos National Laboratory
  • Nexon
  • Niantic
  • Nutanix
  • OSIsoft
  • Quest Diagnostics
  • SAP SE
  • ServiceNow
  • Snowflake
  • Tencent Holdings
  • WalkMe
  • Yuga Labs

  • Member of the California Bar Association section on intellectual property
  • Member of the American Bar Association section on intellectual property
  • Member of the American Intellectual Property Law Association
  • Member of the ITechLaw Association
  • Member of the Institute of Electrical & Electronics Engineers

  • Member of the California Bar Association section on intellectual property
  • Member of the American Bar Association section on intellectual property
  • Member of the American Intellectual Property Law Association
  • Member of the ITechLaw Association
  • Member of the Institute of Electrical & Electronics Engineers

Recognition Recognition Recognition

Recognition Recognition Recognition

Recognition
Chambers Global

2008 – 2024

Ranked in Intellectual Property: Trademark, Copyright & Trade Secrets - USA

Chambers USA

2002 – 2023

Recognizes David as a leading lawyer for Intellectual Property: Trademark, Copyright & Trade Secrets - California and Technology - Nationwide, as well as in the highest tier for Technology Transactions - California

The Legal 500

2016 – 2023

The Legal 500 rankings of top patent licensing attorneys since 2016, top copyright attorneys since 2020 and named key lawyer for media, technology and telecoms: technology transactions since 2022

IAM Patent 1000

2011 – 2023

Consistently ranked sinced 2011 by IAM Patent 1000 as one of the world’s leading patent and IP strategy attorneys, with the publication describing him as “remarkably good at thinking through the most challenging IP issues” and “an outstanding draftsman of complex agreements”

David has been recognized more than 200 times as one of the top practitioners in various fields of intellectual property law and strategy by leading publications and ranking organizations, including:

  • Northern California Super Lawyers since 2004
  • Named by Best Lawyers as Lawyer of the Year in San Francisco for copyright law in 2020 and as Lawyer of the Year in San Francisco for patent law in 2019
  • Ranked among the top 30 lawyers in the U.S. for information technology by Euromoney Expert Guides in 2021
  • Managing Intellectual Property’s list of IP Stars every year since 2013
  • Named in the Wall Street Journal's Best Lawyers in Northern California in 2021

Recognition
Chambers Global

2008 – 2024

Ranked in Intellectual Property: Trademark, Copyright & Trade Secrets - USA

Chambers USA

2002 – 2023

Recognizes David as a leading lawyer for Intellectual Property: Trademark, Copyright & Trade Secrets - California and Technology - Nationwide, as well as in the highest tier for Technology Transactions - California

The Legal 500

2016 – 2023

The Legal 500 rankings of top patent licensing attorneys since 2016, top copyright attorneys since 2020 and named key lawyer for media, technology and telecoms: technology transactions since 2022

IAM Patent 1000

2011 – 2023

Consistently ranked sinced 2011 by IAM Patent 1000 as one of the world’s leading patent and IP strategy attorneys, with the publication describing him as “remarkably good at thinking through the most challenging IP issues” and “an outstanding draftsman of complex agreements”

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