David Caine represents US and foreign clients in patent, trade secret, and business tort matters in federal and state courts, arbitration, mediation, and before the US Patent Office and the International Trade Commission, as well as at the appellate level. Mr. Caine has served as lead counsel in the Patent Office and has tried cases in state and federal courts, arbitration and the International Trade Commission.

Mr. Caine has represented clients across a number of different industries, including semiconductor fabrication, semiconductor packaging, computer hardware and software, memory and logic circuits, medical devices, nutritional supplements, pharmaceuticals, and telecommunications.

Experience

  • AngioScore, Inc. v. TriReme Medical, LLC et al.: Co-lead trial counsel for TriReme Medical, a startup medical device company with a unique angioplasty balloon catheter having a distributed force topography. TriReme's device was accused of infringing a patent covering a balloon catheter with a non-deployable stent. After an eight-day trial, the jury found that TriReme's device did not infringe any of the asserted claims and, further, that all asserted claims were invalid as obvious.
  • TriReme Medical, LLC v. AngioScore, Inc.: Lead counsel for TriReme in a correction of inventorship suit seeking to add TriReme's licensor as a named inventor of three patents covering competitors' device.
  • In re Certain Coenzyme Q10 Products and Methods of Making Same: Trial counsel for Xiamen Kingdomway Group Company and Pacific Rainbow International in an investigation brought by Kaneka Corporation alleging infringement of a patent covering a process for manufacturing coenzyme Q10. Following a five-day trial in the International Trade Commission and post-trial briefing, the Commission found that the clients' coenzyme Q10 product did not infringe.
  • GPS Vehicle Tracking Litigation: Co-lead counsel in successful patent litigation and arbitration for a leading provider of GPS-based vehicle tracking solutions against competitor asserting infringement of patents pertaining to the use of GPS as a vehicle finance risk mitigation tool.
  • Innovention Toys, LLC v. MGA Entertainment, Inc. et al.: Counsel for Innovention Toys in successful patent jury trial regarding laser-aligned board games, resulting in judgment of willful infringement and non-obviousness and an award of lost profits and provisional rights damages; further represented Innovention in post-trial motion practice and hearings concerning an award of attorneys' fees, which included cross-examination of the opposing attorneys' fee expert and resulted in substantial award of attorneys' fees in favor of Innovention.
  • The Tawnsaura Group, LLC Litigation: Lead counsel for Nutraceutical Corp. in multi-defendant patent litigation pertaining to L-citrulline in which the district court granted summary judgment of invalidity in favor of the defendants on all asserted claims of both patents.

Perspectives

The ITC and Its Application in Medical Device Litigation
Arnold & Porter Webinar

Recognition

Northern California Super Lawyers
Intellectual Property (2019-2021)
"Rising Star" (2010-2016)
The Legal 500 US
Patent Litigation: Full Coverage (2021)

Credentials

Education
  • JD, University of Virginia School of Law, 2001, Order of the Coif
  • BA, Chemistry and Spanish, University of Virginia, 1998, with distinction
Admissions
  • California
  • US Court of Appeals for the Federal Circuit
  • US District Court, Central District of California
  • US District Court, Northern District of California
  • US District Court, Eastern District of Texas
  • US District Court, Eastern District of Wisconsin
  • US Patent and Trademark Office
Overview

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