David A. Kays — Partner

David Kays is an experienced trial lawyer. He focuses his practice on resolving disputes on behalf of technology companies in a wide range of matters, including patents, copyrights, trademarks, trade secrets, unfair competition, licensing and complex commercial transactions. His recent clients include semiconductor, internet, software and peripheral manufacturing companies.

Email Contact: [email protected] Connect with David A. Kays on Linkedin

Practice areas

  • Intellectual property
  • Complex commercial transactions

Bar admissions

  • California, 1985
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Supreme Court



  • J.D., magna cum laude, University of San Francisco
  • B.A., magna cum laude, University of Massachusetts

Professional associations

  • Intellectual Property Section, State Bar of California
  • Santa Clara County Bar Association

Notable cases

  • A public semiconductor company in patent infringement actions in the International Trade commission and U.S. District Court
  • A computer peripheral manufacturer in patent infringement matters
  • A software manufacturer in an action brought by the U.S. government to recover an allegedly erroneous refund of a research and development tax credit
  • An officer of a Silicon Valley company in a stock-option backdating investigation
  • An international gaming corporation in an antitrust action
  • A public data storage company in an unfair competition investigation by the State of California
  • An action for trade secret misappropriation on behalf of a public semiconductor company
  • A database company in a license dispute
  • A biotechnology company in an environmental action involving a genetically modified crop


  • “Duties Expand Inside the Zone of Insolvency,” San Jose Business Journal, October 2003
  • “Boards Must Reduce Their Exposure to Creditor Suits,” San Francisco Daily Journal, May 2004


  • Adjunct Professor, Trade Secret Law, Santa Clara University Law School
  • Chairperson, continuing education programs on trade secret litigation and employee mobility claims