David Caine represents clients in patent, trade secret, and general commercial 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 ITC, district court and the Patent Office and has tried cases in state and federal courts, arbitration and the International Trade Commission.
Mr. Caine has represented clients across several different industries, including semiconductor fabrication, semiconductor packaging, computer hardware and software, memory and logic circuits, medical devices, nutritional supplements, pharmaceuticals, biopharmaceuticals, and telecommunications.
- Confidential Patent Licensing Arbitration. Serving as counsel for a flash memory pioneer in an arbitration in which the licensee seeks a determination that its royalty obligations have terminated pursuant to the Brulotte doctrine.
- Regeneron. Serving as counsel for Regeneron, as patent owner, in PTAB proceedings pertaining to Eylea.
- TriReme Medical. Serving as lead counsel in an arbitration concerning allegations of breach of a license agreement pertaining to the development of a drug-coated angioplasty balloon catheter.
- Leading Electronics Manufacturer. Serving as counsel for petitioner in multiple PTAB proceedings involving acoustic technology and in a seventeen-patent district court action involving multi-display mobile devices.
- Heraeus. Served as trial counsel for Heraeus in federal court and the International Trade Commission in trade secret litigation involving bone cements used to affix hip, knee and elbow prosthesis to bone. Obtained findings that competitor had misappropriated Heraeus’ trade secrets in Inv. No. 337-TA-1153 and that Heraeus had not misappropriated competitor’s trade secrets in Inv. No. 337-TA-1175. The cases settled on favorable terms.
- Confidential Patent Licensing Arbitration. Represented a multinational conglomerate as trial counsel in an arbitration involving claims that royalties were no longer owed pursuant to the Brulotte doctrine and breach of contract allegations. Obtained a complete defense award, saving the client over $50 million, following an evidentiary hearing.
- Uniloc v. Google. Represented Google in multiple matters wherein Uniloc asserted patents directed to image processing and network access technology, among others. Obtained dismissal of cases in favor of Google.
- Adobe. Served as counsel in multiple matters involving patents directed to internet browser techniques for facilitating single-sign-on access to a central data repository across multiple web domains. These matters all resolved favorable to Adobe.
- Boston Scientific. Served as lead counsel for Boston Scientific, as patent owner, in IPRs involving hemostatic clip and spinal cord stimulation systems.
- Switch Ltd. v. Aligned Data Centers LLC. Served as counsel for Aligned Data Centers in three patent case concerning data center technology. Obtained voluntary dismissal of all claims with prejudice.
- Hologic Inc. v. Fujifilm, Inv. No. 337-TA-1063. Served as trial counsel in ITC litigation involving mammography technology. Prevailed in obtaining initial determination and recommended remedies on all issues and in related PTAB proceedings.
- 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, Inv. No 337-TA-790. 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.
"Rising Star" (2010-2016)
- J.D., University of Virginia School of Law, 2001, Order of the Coif
- B.A., Chemistry and Spanish, University of Virginia, 1998, with distinction
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court, Central District of California
- U.S. District Court, Northern District of California
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Eastern District of Wisconsin
- U.S. Patent and Trademark Office