David N. Makous

Of Counsel

Los Angeles

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Mr. Makous’ practice focuses on domestic and international intellectual property, technology, media, communications, and entertainment matters. During his career, he has assisted in the domestic and global build out of several technologies and product lines. His expertise encompasses a full range of IP services involving:

  • Lead counsel on multiple Inter Partes Reviews (IPRs) before the Patent Trial and Appeal Board.
  • Lead counsel on many patent, trademark, copyright, trade secret, franchise and unfair competition cases and administrative matters from commencement through appeals.
  • Handling class actions arising out of online practices, alleged false advertising of nutraceuticals, footwear and other consumer products; franchise offerings and disputes; and unfair fraudulent or deceptive sales practice.
  • Working with forensic financial and damages experts in valuation assessments and measuring monetary claims.
  • Protecting trademarks, trade dress, copyrights, and patents through registration, issuance and post-grant.
  • Providing opinions on validity infringement and enforceability.
  • Conducting due diligence investigations and providing guidance.
  • Drafting and negotiating collaborative, license, and distribution agreements including enterprise software development, interactive entertainment technologies, proprietary business systems, video-game after-market enhancement programs, publishing relationships, virtual reality and location-based entertainment systems, consumer goods, and endorsement and sponsorship licenses in the usage of characters, names, likenesses, photographs, images, media, audiovisual works, voice and other indicia.
  • Working with marketing experts in the evaluation and survey design of consumer perception.
  • Analysis of advertising copy and its attendant explicit and implicit claims made - for accuracy, reliability and message.
  • Domestic and foreign false advertising, anti-counterfeiting, gray market, anti-diversion and derivative claims.
  • Responding to actual or threatened regulatory compliance activities by the U.S. DOJ, FTC, FDA, and California Dept. of Corporations.
  • Expert witness on several patent and licensing matters.

Mr. Makous has been selected as a SuperLawyer of Southern California and SuperLawyer of Northern California a total of ten times between 2006-2019, and has recently published: “Compulsory IP Licensing, Standards Setting, Standards Essential Patents and FRAND”; “Intellectual Property Law 2015, ‘Examining the Pendulum: How Courts are Returning to a Flexible Approach for Injunction and Damage Determinations’; and “Understanding Patent Reform Implications: Leading Lawyers on Defining Key Issues, Interpreting present Proposed Legislation, and Projecting Future Developments.”

In 2008, Mr. Makous received the Public Citizenship Award from the Asthma and Allergy Foundation of America, and until recently he served on the board of directors for The Barrio LaPlanta Project, a nonprofit children’s education project in Nicaragua.

Mr. Makous is admitted to practice in California, before several United States District Courts, and United States Court of Appeals for the Ninth Circuit, Federal Circuit, U.S. Supreme Court and is registered with the United States Patent and Trademark Office and Orange County Bar Association, International Business Section, November 2020, Contemporary International IP Issues.

He has appeared in several dozen United States District Courts and Courts of Appeal throughout the country. Reported cases where Mr. Makous has been lead and acting counsel are available below.

Honors and Awards:

  • Wired Magazine, 40 Firms to Know About in Northern California, November 2014
  • Superlawyer of Northern California, 2014, 2015
  • Superlawyer of Southern California, 2006, 2007, 2010, 2011, 2012, 2013, 2018, 2019
  • Professional of The Year- Law/Intellectual Property, Strathmore’s Who’s Who Worldwide, 2009

Practice Areas


  • University of Pittsburgh School of Law, J.D., 1978
  • Duke University, Bachelors, Zoology, 1973

Languages Spoken

  • English