David Folsom is a partner in Jackson Walker’s Litigation practice group, and he leads the firm’s Texarkana office. As former Chief Judge of the United States District Court for the Eastern District of Texas, David brings his experience and insight to cases both in and out of the Eastern District. He is significantly involved with the firm’s intellectual property litigation matters. He also focuses his practice on mediation and arbitration, specifically in mediating patent and complex commercial cases.
David retired from the federal bench in March 2012. He was appointed by President Clinton and confirmed by the Senate in 1995, and he served for 17 years in the Eastern District. During his tenure, he conducted over 250 trials and held approximately 75 claim construction hearings. David also served by designation on the Courts of Appeals for the Fifth Circuit and for the Federal Circuit.
David presided over hundreds of patent infringement cases. A few notable examples include:
- Paice LLC v. Toyota Motor Corp.
- TiVo, Inc. v. Echostar Communications Corp.
- Pioneer Corp. v. Samsung SDI Co.
- DataTreasury Corp. v. U.S. Bank, N.A.
A few of David’s other notable cases include:
- Products liability cases such as State of Texas v. American Tobacco Co.
- Class actions such as In re Triton Limited Securities Litigation and McNamara v. Bre-X Minerals Ltd.
- Antitrust cases such as Bell Atlantic Corp. v. AT&T Corp. and Retractable Technologies, Inc. v. Becton, Dickinson & Co.
David has completed the Mediation Skills Workshop and the Advanced Mediation Training presented by the Federal Judicial Center, as well as the Mediation Workshop at Harvard Law School.
B.A., University of Arkansas
J.D., University of Arkansas School of Law
Arkansas Supreme Court
United States Appeals Court for the Federal Circuit
United States Appeals Court for the Fifth Circuit
United States District Court for the Eastern and Western Districts of Arkansas
United States District Court for the Northern and Eastern Districts of Texas
Products Liability Cases
- State of Texas v. American Tobacco Co., 14 F. Supp. 2d 956 (E.D. Tex. 1997)
- Gaddy v. Blitz U.S.A., Inc., No. 2:09-CV-52
- McCune v. Graco Children’s Products, Inc., No. 5:09-CV-107
False Claims Actions
- Wright v. AGIP Petroleum Co., No. 5:03-CV-264
- In re Triton Limited Securities Litigation, 70 F. Supp. 2d 678 (E.D. Tex. 1999)
- McNamara v. Bre-X Minerals Ltd., 57 F. Supp. 2d 396 (E.D. Tex. 1999)
- Dunbar v. Google Inc., No. 5:10-CV-194
Copyright Infringement Actions
- Rally Concepts, LLC v. Republican National Committee, No. 5:05-CV-41
- Bell Atlantic Corp. v. AT&T Corp., 339 F.3d 294 (5th Cir. 2003)
- Z-Tel Communications, Inc. v. SBC Communications, Inc., 331 F. Supp. 2d 513 (E.D. Tex. 2004)
- Retractable Technologies, Inc. v. Becton, Dickinson & Co., No. 2:08-CV-16
Complex Criminal Matters
- United States v. Prince, Nos. 4:09-CR-161 and 4:10-CR-47; bank fraud and bankruptcy fraud trial
- The Best Lawyers in America (Woodward/White Inc.), 2020-2023
- Lawyer of the Year – Tyler, Litigation – Intellectual Property, 2021
- Litigation – Intellectual Property, 2020-2023
- Chambers USA: America’s Leading Lawyers for Business
- Named a Senior Statesperson for Intellectual Property in Texas, 2020-2022
- Recognized Practitioner in Intellectual Property – Texas, 2016-2019
- Lawdragon 500 Leading Leading Litigators in America, 2022
- John Hannah, Jr. Award, Eastern District of Texas, 2018
- Super Lawyer – Intellectual Property Litigation, Super Lawyers (Thomson Reuters), 2018
- Intellectual Property Trailblazer, The National Law Journal, 2017
- Best Lawyers in Dallas, D Magazine, 2015, 2017-2019
- “Virtual Mediations and Patent Litigation: Lessons Learned and Best Practices,” The Texas Lawbook (April 2021)
- “Successful Mediation: Navigating the Potholes on the Road to Yes,” Eastern District of Texas Bar Association – 2017 Bench Bar Conference (October 2017)
- “Statistics and Trends in the Field of Patent Litigation,” 12th Annual Advanced Patent Litigation Course (July 2016)
- “Judicial Panel,” University of Texas School of Law Advanced Patent Law Institute (2014-2016)
- “Arbitration, Mediation & Litigation – View from the Federal Bench and Bar.,” Eastern District of Texas Bar Association – 2015 Bench Bar Conference (October 2015)
- “International Disputes: A View from the Federal Bench,” Houston Bar Association International Law Section (October 2015)
- “Judicial Panel,” Houston Intellectual Property Law Association and University of Houston Law Center – 31st Annual Institute on Intellectual Property Law (September 2015)
- “Views from the Bench About IP Litigation Practice: A Conversation With Texas Judges,” American Bar Association – Intellectual Property Litigation in Texas (February 2015)
- “Past, Present & Future. An Inside Look at the Evolving Eastern District of Texas.,” Eastern District of Texas Bar Association – 2014 Bench Bar Conference (October 2014)
- “Mediation of Intellectual Property Disputes,” Houston Bar Association Alternative Dispute Resolution Section (March 2014)
- “Confessions of a Former District Judge,” Austin Intellectual Property Law Association Annual Meeting (January 2013)
- “Judges’ Roundtable – A View From the Bench,” American Conference Institute’s 3rd West Coast Edition – Paragraph IV Disputes (December 2012)
- “Former Judges: Walking & Talking Among the Mortals,” Eastern District of Texas Bar Association – Eastern District Bench Bar Conference (October 2012)
- United States Court of Appeals for the Federal Circuit, Advisory Council, 2012-2018
- American Board of Trial Advocates, 2015
August 18, 2022Attorney News
‘The Best Lawyers in America’ Honors 214 Jackson Walker Attorneys in 2023 Edition, Including 11 “Lawyers of the Year” and 41 “Ones to Watch”
The Best Lawyers in America has recognized 214 Jackson Walker attorneys across 6 offices and 79 specialty practice areas in its 2023 edition, including 11 Lawyers of the Year and 41 Ones to Watch. Best Lawyers listings are based on an exhaustive peer review survey of thousands of attorneys who vote on the legal abilities of others in their practice areas.
June 1, 2022Spotlight
Chambers and Partners Recognizes Jackson Walker Attorneys and Practices in 2022 USA and Global Guides
Jackson Walker is pleased to announce that Chambers and Partners has selected 48 attorneys and 16 departments for inclusion in the 2022 edition of the Global and USA guides.
August 19, 2021Attorney News
‘The Best Lawyers in America’ Honors 178 Jackson Walker Attorneys in 2022 Edition, Including 8 “Lawyers of the Year” and 31 “Ones to Watch”
The Best Lawyers in America has recognized 178 Jackson Walker attorneys across 6 offices and 67 specialty practice areas in its 2022 edition, including 8 Lawyers of the Year and 31 Ones to Watch. Best Lawyers listings are based on an exhaustive peer review survey of thousands of attorneys who vote on the legal abilities of others in their practice areas.
June 2, 2021Newsletters
David Folsom Recognized in Chambers USA Guide; Jackson Walker Delivers Complete Defense Jury Verdict for Roku in $228 Million WDTX Patent Trial; Wasif Qureshi and Leisa Talbert Peschel Reflect on Roku’s $228M Patent Trial Victory; Jackson Walker Helps Family Launch Comic Book Brand; Virtual Mediations and Patent Litigation: Lessons Learned and Best Practices; Chris Rouk Comments on Patent Litigation in Texas; Emilio Nicolas Moderates Panel on the New CASE Act and Copyright Claims Board
May 20, 2021Spotlight
Chambers and Partners Recognizes Jackson Walker Attorneys and Practices in 2021 USA and Global Guides
Jackson Walker is pleased to announce that Chambers and Partners has selected 41 attorneys and 14 departments for inclusion in the 2021 edition of the Global and USA guides.
April 30, 2021Insights
By Hon. David Folsom & John M. Jackson
Mediation has always been an important part of patent litigation – especially in the Eastern District of Texas. Because of the COVID-19 pandemic, virtual mediations have become an important and successful way to resolve patent disputes.
August 20, 2020Attorney News
‘The Best Lawyers in America’ Honors 164 Jackson Walker Attorneys in 2021 Edition, Including 9 “Lawyers of the Year” and 25 “Ones to Watch”
Jackson Walker congratulates the 164 attorneys who were selected by their peers as Best Lawyers, including 9 Lawyers of the Year and 25 Ones to Watch, across 6 offices and 66 specialty practice areas.
April 23, 2020Spotlight
Chambers and Partners Recognizes Jackson Walker Attorneys and Practices in 2020 USA and Global Guides
Jackson Walker is pleased to announce that Chambers and Partners has selected 30 attorneys and nine practice areas for inclusion in the 2020 edition of the Global and USA guides.
September 4, 2019Attorney News
Each year, less than 5% of attorneys in Texas are named to the list. Selection is based off of peer nominations that are then reviewed by a research team.
August 14, 2019Attorney News
‘The Best Lawyers in America’ Honors 109 Jackson Walker Attorneys in 2020 Edition, With Eight Named “Lawyers of the Year”
Jackson Walker congratulates our 109 attorneys named to U.S. News & World Report’s Best Lawyers in America 2020 list, including eight attorneys who were named “Lawyers of the Year.”