David A. Makman

Location : Redwood City, California
Phone : 650-242-1560 x 2
Email : david@makmanlaw.com

For over a decade, David Makman specialized in patent and intellectual property litigation. He has experience in high stakes patent infringement litigations involving electronics, semiconductor manufacturing, software, and other technologies. Around 2007, he expanded his practice and has been handling commercial litigation and disputes relating to corporate governance primarily involving startups and member-managed LLCs. Mr. Makman is bilingual; he reads and speaks Japanese. He has a great deal of experience in international arbitration and in litigating complex issues involving conflicts of law. 

Mr. Makman is a former Chairman of the Board of the Japan Society of Northern California. He is currently on the board of the Momental Foundation. 

Prior to becoming an attorney, Mr. Makman worked for several years for Matrix Kabushiki Kaisha in Tokyo marketing U.S. software products to Japanese companies. In Japan, Mr. Makman represented companies marketing AI, CAD CASE and object oriented software.

Areas of Practice

Intellectual Property Law

Commercial Litigation

Corporate Governance

Arbitration, including AAA and ICDR cases

Technology Litigation

Bar Admissions

  • California, 1995
  • U.S. District Court Northern District of California
  • U.S. District Court District of Colorado
  • U.S. District Court Central District of California
  • U.S. District Court Eastern District of California
  • U.S. District Court Central District of California
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals Federal Circuit
  • Supreme Court of the United States

Education

  • Duke University School of Law, Durham, North Carolina
    • LL.M., Master of Law(s) – 1995
    • Major: International and Comparative Law
  • Duke University School of Law, Durham, North Carolina
    • J.D., Doctor of Jurisprudence – 1995
  • Oberlin College, Oberlin, Ohio
    • A.B., Bachelor of Arts – 1987
    • Honors: Phi Beta Kappa
    • Honors: Awarded Newton Prize for Asian Studies
    • Major: East Asian Studies
    • Minor: Computer Science
  • Massachusetts Institute of Technology
    • Fintech Certificate – Online program regarding blockchain technology

Published Works

  • Japan Should Adopt An Anti-SLAPP Statute, Law360, October 18, 2012
  • The Nippon Steel Dispute and Japanese IP Strategy, CDMC, September , 2012
  • IP Lawyers Weigh In On Inequitable Conduct Ruling, Law360, May 25, 2012
  • Eye On Japan’s Financial Reform Efforts, Law 360, February 22, 2012
  • Google, Motorola Union Gets US, EC Blessings, E-Commerce Times, February 14, 2012
  • Samsung Galaxy Tab Design-Around Passes Muster With German Court, E-Commerce Times, February 2, 2012
  • Global Harmonization Of Patent Laws: A Turning Point, Law 360, December 23, 2012
  • Adapting Your IP Strategies to Today’s Litigation Environment, chapter in Inside the Minds: Litigation Strategies for Intellectual Property Cases, (2011 Edition) Aspatore Press.
  • Conference Report: US and Japanese push for Harmonization, Managing IP, November 7, 2011
  • German Court Steps Back in Apple-Samsung Patent Feud, macnewsworld, August 16, 2011
  • Another International Patent Cross-Licensing War, Law360, June 27, 2011
  • IP Lawyers Weigh In On Microsoft V. I4i Ruling, Law360, June 9, 2011
  • Apple Lengthens Laundry List of Patent Complaints Against Samsung, macnewsworld, June 20, 2011
  • Japan And Korea’s Patent Collision Course, Law360, April 20, 2011
  • Quoted in “Sony, LGE Focus Global Patent War on US”, Managing IP, March 31, 2011
  • Recent Trends in Japanese IP and Antitrust Law, Patent Resources Group, 2009, updated 2010
  • A View from the Trenches: The Limited Impact of Grain Processing on Patent Litigation, Mealey’s Litigation Report, 2009
  • “Changes in Corporate Governance are Having an Effect in Japan”, Special to The National Law Journal, September 1, 2008
  • “Japan Begins to Accept Shareholder Rights”, The Recorder, July 23, 2008
  • “The Proper Role of Takeover Defense Measures in Light of Changes in Various Environments (translation)”, METI Corporate Study Group, June 30, 2008
  • Interviewed by Bloomberg in Japan Panel to Recommend Rejection of Fund TCI’s Bid, April 15, 2008
  • Interviewed by Bloomberg in Amari Defends Review of TCI Bid for Stake in J-Power, Bloomberg, March 04, 2008
  • “Shareholder Activism In Japan”, Securities Law 360, March 3, 2008
  • “Staking Your Claims On The Electronic Frontier”, Los Angeles Lawyer, 1997

Classes/Seminars

  • Guest Lecturer, “Federal Civil Procedure”, Doshisha University Law School, Kyoto, Japan
  • Featured Speaker, “Proposed Changes in the U.S. Patent Act”, Doshisha University Law School, Kyoto, Japan
  • Guest Lecturer, Presented lecture to IP licensing class on developments in patent litigation in the United States, Keio University Law School, Tokyo, Japan
  • Visiting Professor, Taught Introduction to United States Civil Procedure, lectures in English, discussion in Japanese, Doshisha University Law School, Kyoto, Japan
  • Featured Speaker, Presented a lecture on Quanta v. LGE. More than 30 attendees, including three Japanese judges, IP Study Group, Osaka Bengoshikai Attorney’s Assoc., Tokyo, Japan
  • Featured Speaker, Presented a lecture about recent developments in U.S. patent law, Kansai Registered Attorneys Abroad, Tokyo, Japan
  • Featured Speaker, Presented lectures on Quanta v. LGE to Japanese law firms & legal departments of Japanese corporations, Tokyo, Japan
  • Guest Lecturer, Presented a lecture on recent developments in U.S. patent law, Chuo University Law School, Tokyo, Japan
  • Panelist, Presented a lecture on corporate governance reforms in Japan, JETRO, Invest in Japan, Chicago, IL
  • Featured Speaker, Presented lectures in Japanese regarding U.S. Patent litigation and regarding the KSR decision, International Patent Law Seminar, Osaka, Japan
  • Guest Lecturer, Presented a lecture on Open Source Licensing issues, Chuo University Law School, Tokyo, Japan

Professional Associations and Memberships

  • SF JETS, Former Member (Formerly an Officer), A bilingual English/Japanese Toastmaster’s Club, San Francisco, Former Officer

Past Employment Positions

  • Matrix Corporation, Software Marketing, 1988 – 1991
  • Loeb & Loeb LLP, Associate, 1995 – 1997
  • Fish & Neave LLP, 1997 – 2001
  • Morrison & Foerster, LLP, 2001 – 2002
  • Howrey LLP, Counsel, 2003 – 2009

Pro Bono Activities

  • Mr. Makman has done a variety of Pro Bono work. His Pro Bono cases have included predatory lending, unlawful detainer and asylum cases.

Languages

  • Japanese