Michael A. David

Michael's recent matters include:

International Trade Commission

• Certain Vehicle Control Systems, Vehicles Containing the Same, and Components Thereof, ITC Inv. No. 337-TA-1235: Lead counsel for complainant Jaguar Land Rover in an action against Volkswagen, Porsche, Audi, and Lamborghini for patent infringement related to automated terrain response technology.
• Certain Movable Barrier Operator Systems and Components Thereof, ITC Inv. No. 337-TA-1209: Representing complainant Overhead Door and related entities in patent infringement action against respondent The Chamberlain Group related to residential and commercial garage door openers, gate operators, and other movable barrier operators. Matter resulted in a finding of violation of Section 337 for infringement of three Overhead Door patents.
• Certain Tobacco Heating Articles and Components, ITC Inv. No. 337-TA-1199: Representing respondent Philip Morris and related entities in patent infringement action brought by complainant RJ Reynolds related to Philip Morris’ heat-not-burn technology.
• Certain Smart Thermostats, Smart HVAC Systems, and Components Thereof, ITC Inv. No. 337-TA-1185: Representing Daikin Industries in its dispute with EcoFactor regarding EcoFactor’s patents related to smart HVAC systems.
• Certain Semiconductor Devices, Products Containing the Same, and Components Thereof, Inv. No. 337-TA-1176: Representing complainant GlobalFoundries in a patent infringement action against respondent Taiwan Semiconductor Manufacturing and related entities regarding their semiconductor devices and manufacturing processes.
• Certain Lithium Ion Batteries, Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Production and Testing Systems and Processes Therefor, ITC Inv. No. 337-TA-1159: Representing complainant LG Energy Solutions in a theft-of-trade-secret action against respondent SK Innovations, resulting in default judgment against SK Innovations for spoliation of evidence and one of the largest settlements in trade-secret history.
• Certain Digital Video Receivers, Broadband Gateways, and Related Hardware and Software Components, ITC Inv. No. 337-TA-1158: Representing respondent Comcast and related entities in its patent infringement dispute with Rovi regarding Rovi’s patents related to digital video receivers and broadband gateways.
• Certain Digital Video Receivers and Related Hardware and Software Components, ITC Inv. No. 337-TA-1103: Representing respondent Comcast and related entities in its patent infringement dispute with Rovi regarding Rovi’s patents related to digital video receivers and software on those receivers.
• Certain Thermoplastic-Encapsulated Motors, Components Thereof, and Products and Vehicles Containing Same, ITC Inv. No. 337-TA-1073: Representing respondent Honda Motor Co. and related entities in patent infringement action brought by Intellectual Ventures, in which the case was terminated with a finding of no violation.
• Certain Shielded Electrical Ribbon Cables and Products Containing the Same, ITC Inv. No. 337-TA-1064: Securing a favorable settlement following claim construction for respondent Amphenol and related entities in patent infringement action brought by complainant 3M.
• Certain Networking Devices, Related Software, and Components Thereof, ITC Inv. No. 337-TA-944/945: Representing respondent Arista Networks in modification and enforcement proceedings affirming that Arista’s redesigned network devices do not infringe complainant Cisco’s assert patents.
• Certain Graphics Processing Chips, Systems on a Chip, and Products Containing the Same, ITC Inv. No. 337-TA-941: Representing respondent NVIDIA in an action brought by Samsung for patent infringement regarding NVIDIA’s graphics processing units and systems on a chip.
• Certain Consumer Electronics and Display Devices with Graphics Processing and Graphics Processing Units Therein, ITC Inv. No. 337-TA-932: Representing complainant NVIDIA in an action against Samsung for patent infringement regarding NVIDIA’s graphics processing technologies.
• Certain 3G Mobile Handsets and Components Thereof, ITC Inv. No. 337-TA-613 (remand): Representing complainant InterDigital Communications and related entities in an action against Microsoft Mobile Oy and Nokia for patent infringement related to InterDigital’s 3G WCDMA technologies.
• Certain Wireless Devices with 3G and/or 4G Capabilities and Components Thereof, Inv. No. 337–TA–868: Representing complainant InterDigital Communications and related entities in action against Nokia, Samsung, Huawei, and ZTE regarding their importing infringing 3G and/or 4G wireless cellular handsets.
• Certain Biometric Scanning Devices, Components Thereof, Associated Software, and Products Containing the Same, ITC Inv. No. 337-TA-720: Representing complainant Cross Match Technologies in an action against foreign competitor Suprema and its US-based distributor Mentalix, in which an initial determination of violation of Section 337 was affirmed on ITC review.
• Certain Wireless Devices with 3G Capabilities and Components Thereof, ITC Inv. No. 337-TA-800: Representing complainant InterDigital Communications and related entities in an action against Nokia, LG, Huawei, and ZTE regarding their importing infringing 3G wireless cellular handsets.
• Certain Liquid Crystal Display Devices and Products Containing Same, ITC Inv. No. 337-TA-782: Securing a favorable settlement for respondent AU Optronics and a related US entity in defense of Samsung’s patent infringement allegations related to LCD technology before trial.
• Certain Flat Panel Display Devices, and Products Containing the Same, ITC Inv. No. 337-TA-793: Securing a favorable settlement for complainant AU Optronics and a related US entity asserting patent infringement against Samsung related to LCD and OLED technology before trial.
• Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions, ITC Inv. No. 337-TA-786: Representing third party Synopsys in response to a subpoena issued by complainant Freescale regarding Synopsys chipsets.

District Court

• NVIDIA v. Samsung (E.D. Va.): Representing defendant NVIDIA in a patent infringement action brought by Samsung. The matter was bifurcated, with a jury verdict of non-infringement on one patent and a favorable settlement before trial on the remaining two patents.
• InterDigital v. ZTE (D. Del.): Representing plaintiff InterDigital in asserting three patents relating to 3G and Wi-Fi technologies, in which the jury found all asserted claims infringed and valid.
• CR Bard v. W.L. Gore (D. Ariz.): Representing patent holder in a six-week jury trial involving prosthetic vascular grafts made of expanded Teflon, securing a jury verdict of willful infringement and US$185 million in past damages. On post-trial motions, the damages doubled to US$371 million, and the court awarded US$19 million in fees and US$20.4 million in prejudgment interest. The court also awarded supplemental damages and an ongoing royalty. The US Court of Appeals for the Federal Circuit affirmed the verdict and total award to date, totaling over US$817 million.
• Cross Match Technologies v. Suprema & Mentalix (E.D. Tex.): Representing the patent holder in an infringement action against a competitor involving four patents related to proprietary biometric identification technologies, including fingerprint scanners.
• Advanced Media Networks v. Inmarsat Global & Stratos Mobile Networks (S.D. N.Y.): Representing multiple defendants in a patent infringement action relating to satellite-delivered broadband global access networks.
• ALDAV, LLC v. Regent Comm’ns (E.D. Tex.): Secured a favorable settlement for a defendant in a multiparty patent infringement case involving radio streaming technology.
• EON IP Holdings v. USA Mobility (E.D. Tex.): Represented defendant in a multiparty patent infringement case involving two-way paging systems, resulting in a favorable settlement after the court granted re-examinations on asserted claims.
• Venetec Int’l v. Nexus Medical Sys. (D. Del.): Secured a favorable settlement for the patent holder in an infringement case involving catheter stabilization devices after a Markman hearing and shortly before trial, with Nexus' exiting the relevant market.
• Network Gateway Solutions LLC v. Zhone Tech. Inc. (D. Del.): Secured a favorable settlement for a defendant in a multiparty patent infringement case involving digital network access servers.
• Brantigan v. DePuy Spine (W.D. Wash.): Secured a favorable resolution through a substantial confidential settlement after filing a motion for summary judgment for an inventor in a dispute over patent royalty rights relating to devices used for spinal fusion procedures.
• Netratings, Inc. v. Visual Sciences, Inc. (f/k/a WebSideStory, Inc.) (S.D.N.Y.): Secured a favorable settlement for a defendant in a patent infringement case involving web analytics solutions after a Markman hearing. Omniture subsequently purchased Visual Sciences.