David K. Callahan

David's patent litigation experience includes representing clients in the following cases:

Patent

• AlphaSense in AlphaSense, Oy and AlphaSense, Inc. v. Tegus, Inc. and Bamsec, LLC, in the District of Delaware, in a pending case involving the defense of seven patent cases related to user interfaces for financial search software.
• M*Modal in two patent cases involving 14 patents related to voice recognition systems.
• FotoNation in the Eastern District of Texas in an eight-patent case related to face recognition, tracking, and photo adjustment technology used in camera phones.
• Mallinckrodt in 10-patent ANDA litigation related to nitric oxide therapies and devices; also in five related IPR proceedings. Secured wins in all cases following trial.
• Zimmer in Howmedica Osteonics v. Zimmer and Smith & Nephew, a four-patent action related to highly crosslinked polyethylene widely used in artificial joints. Argued and won summary judgment of indefiniteness on three patents on behalf of both defendants. Won reexamination proceedings on fourth patent and secured award of US$14 million in “exceptional case” proceeding. Won two appeals to Federal Circuit.
• Baxter and DEKA in Baxter Healthcare and DEKA v. Fresenius as lead counsel in asserting a nine-patent portfolio related to automated peritoneal dialysis systems. Following claim construction, defendant entered into consent injunctions on five of nine patents at issue.*
• Hill-Rom, a leading manufacturer of hospital beds and mobility systems, as lead counsel, in Hill-Rom v. Stryker; a case that involved 15 patents in two separate cases. First case settled on favorable terms to client following focused fact discovery. Successfully argued appeal in second case on claim construction issues; see Hill-Rom v. Stryker, No. 13-1450 (Fed. Cir. June 27, 2014).* 

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• Cleversafe, Inc. v. Amplidata, Inc. (closed 01/29/2015)
• RLIS, Inc. v. Allscripts Healthcare Solutions, Inc. (closed 03/24/2015)
• Hemopet v. Hills Pet Nutrition Inc. (closed 11/24/2014)
• Weger v. Dyson, Inc. (closed 11/20/2014)
• Asher v. Colgate-Palmolive Company (closed 09/14/2012)
• Ronald A Katz Technology Licensing L P v. Progress Energy Inc et al (closed 07/30/2014)
• Asher v. Colgate-Palmolive Company (closed 12/20/2012)

Other IP

• LG Chem in LG Chem v. SK Innovation as lead counsel in its trade secrets dispute with competitor SK Innovation related to alleged misappropriated trade secrets relating to a broad array of LG Chem’s technological innovation related to lithium ion battery packs for electric automobiles. The US$1.8 billion settlement was one of the largest trade secret settlements ever; obtained a default judgment against SKI, as a sanction for widespread document spoliation and violation of a court order related to the forensic investigation of that spoliation.
• Tom’s of Maine in three class-action litigations involving “natural” claims made concerning Tom’s personal care products.
• Dyson in false advertising litigation related to vacuum cleaner performance. Won summary judgment of false advertising, following which the case settled on terms very favorable to client.*
• Dyson in false advertising and breach of contract litigation. Won summary judgment on breach of contract claim. Case settled on eve of trail on terms very favorable for client.*

*Matter handled prior to joining Latham