David Winters
Image of David Winters

David Winters

Principal Science (Tech) Analyst

David focuses on intellectual property law and technical disputes, using his PhD in theoretical physics.

In addition to research experience in string theory, a mathematical formalism combining quantum mechanics and gravitational physics, David has ten years of editorial and project management experience in academic publishing, primarily for the journal Nature and its sister journals Nature Physics, Nature Chemistry, Nature Nanotechnology, Nature Photonics and Nature Materials. David joined A&O Shearman in 2015 after obtaining a master’s degree in law and is in the process of qualifying as a Chartered Legal Executive.

David leads the Scientific and Technical Analyst (STA) tech team and has wide experience of representing technology companies in complex disputes. His patent work encompassed technologies such as fibre optics, optical security devices, active interconnects, video codecs, VR headset technology, smart appliances, integrated circuitry for frequency down-conversion, peripheral component interfaces, machine fault prediction, network intrusion detection, database efficiency and interoperability, heat-not-burn smoking devices, LED packaging, mobile network handover and laser countermeasure systems, illustrating his ability to utilise his physics background across a wide range of technical fields. He is experienced in patent and prior art analysis, drafting invalidity and infringement charts, identifying expert witnesses, working with experts on their reports and advising on weaknesses in the reports of opposing experts. He also has extensive experience of managing large-scale technical disclosure review and drafting domain name complaints under the ICANN Uniform Domain-Name Dispute-Resolution Policy, both for clients and on behalf of the firm.

David has also defended clients in the aeronautical engineering, energy and biomedical device sectors against claims in arbitration and/or allegations of misuse of trade secrets. These matters variously involved the analysis of large numbers of complex engineering drawings, technical documents, reports and design specifications, and close collaboration with industry, delay and quantum experts in the drafting of their reports.

Expertise

Experience

Representative matters

  • An Indian digital infrastructure company in a patent dispute relating to the effect of sheath geometry on the air-blowing characteristics of fibre optic cables.
  • A West Asian sovereign state in a patent advisory matter relating to the licensing of patents over large-scale immersive audiovisual technology.
  • A British electronics manufacturer in a patent dispute relating to methods of signal pre-equalisation in the client’s active ethernet cables.
  • A Korean company in a multimillion-dollar ICSID investor–state arbitration relating to the prospectivity and valuation of deep-water oil prospecting licences offshore West Africa.
  • A German multinational technology company in a patent dispute relating to the manufacturing of micromirror arrays for microscale optical security devices.
  • A Taiwanese multinational IT company in a video codec patent pool licensing dispute relating to the effect on royalty payments of whether the client’s products implemented the codec primarily in hardware or in software.
  • A British multinational pharmaceutical company in a trade secrets advisory matter relating to the processes and apparatus involved in the formulation of lipid nanoparticles.
  • A Taiwanese multinational electronics manufacturer in a patent dispute relating to the application of low-voltage differential signalling in the client’s peripheral interface devices.
  • A Taiwanese manufacturer of integrated circuitry in a patent dispute relating to methods of frequency down-conversion in the client’s WiFi chips.
  • A US multinational IT company in multiple patent disputes relating to audio spatialisation and microphone noise-cancelling technology in the client’s market-leading VR headsets.
  • A US medical equipment company in IPR proceedings related to a series of patents over devices for the treatment of sleep apnoea.
  • A US multinational technology company in IPR proceedings related to a series of patents over smart HVAC devices.
  • A British multinational aerospace company in an ICDR arbitration relating to a warranty claim for corrosion damage in aircraft tailpieces.
  • An African sovereign state in a multibillion-dollar ICSID investor–state arbitration relating to the technical and operational reasons for the failure of an oil refinery.
  • A US multinational medical technology company in a trade secrets dispute relating to the formulation and component properties of the client’s bone cement products.
  • A British multinational tobacco company in a freedom-to-operate patent advisory matter relating to the client’s entry into the market for heated tobacco products.
  • A Chinese multinational technology company in an SEP dispute relating to base station handover in mobile telecommunications networks.
  • A British multinational pharmaceutical company in the implementation and management of a consumer healthcare trade mark recordal project following the transfer of more than 12,000 marks across approximately 180 jurisdictions.

Qualifications

Academic

Postgraduate Diploma in Intellectual Property Law and Practice, University of Oxford

Masters in Legal Science, Queen’s University Belfast

PhD, Physics, McGill University

BA, Theoretical Physics, Trinity College Dublin 

Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.