David Tobin

Special Counsel

[email protected]

Dallas

P: +1.214.953.6869
F: +1.214.661.4869
David Tobin Photo

David Tobin's principal practice is intellectual property, with an emphasis on patent litigation. He has represented clients in a wide variety of fields, including telecommunications hardware and standards, computer hardware and software, e-commerce, data compression, semiconductor manufacturing and design, fossil energy generation and exploration, renewable energy generation, medical devices, chemical processes, and pharmaceutical formulations. He has litigated complex patent infringement and other IP cases across the country, including in district courts, the Patent Trial and Appeal Board, and the International Trade Commission. He has also litigated and provided counseling regarding trade secret, copyright, trademark, and trade dress issues.

David's transactional experience includes negotiating license agreements, advising clients on intellectual property acquisitions, and conducting due diligence.

Recognized by Super Lawyers® magazine among its list of Rising Stars—Intellectual Property Litigation (2013-2017), David's litigation experience includes all stages of the lawsuit, including pre-suit investigations, e-discovery, taking and defending numerous fact and expert depositions, summary judgment and Markman proceedings, trial, and appeal.

David's pro-bono docket includes representing veterans before the U.S. Court of Appeals for Veterans Claims, and representing juveniles and asylum seekers in Immigration Court. David has also first-chaired a number of bench trials and jury trials on pro bono matters.

Related Experience

  • Fossil energy (D. Del. and PTAB) — Represented a power generation company in patent litigation. After the PTAB instituted four IPR petitions and the court stayed the case pending IPR, the case settled on favorable terms.
  • Telecommunications (E.D. Tex. and PTAB) — Lead associate in the representation of a wireless carrier against patent infringement claims involving ten patents relating to antenna arrays; the case settled on favorable terms after closing arguments to the jury, and on the morning of jury deliberations.
  • Copyright, trademark, and trade dress (E.D.N.Y.) — Represented crafting tools company in infringement action to protect its copyrights, trademarks, and trade dress against company selling knock-off goods from overseas; the case settled on favorable terms with a consent judgment.
  • Magnetic media (PTAB, Federal Circuit, and ITC) — Represented one of the world’s largest manufacturers of magnetic recording in IPR before the PTAB; the Federal Circuit affirmed a final written decision of invalidity of all challenged claims. Also presented expert witness at the ITC evidentiary hearing.
  • Semiconductor (ITC) — Represented one of the world's leading flash memory manufacturers against patent infringement claims involving five patents related to memory devices.
  • Life sciences and manufacturing (D. Del.) — Represented a pharmaceutical company in a Hatch-Waxman lawsuit concerning diabetes treatment; the case settled on favorable terms the morning of trial.
  • Telecommunications (E.D. Tex. ) — Represented a wireless carrier in a patent infringement action relating to ringtones and to Multimedia Messaging Service (MMS) technology; the case settled on favorable terms.
  • Electronic materials (S.D. Tex.) — Represented a technology company accused of fraud and breach of contract relating to nanotechnology; the case settled on favorable terms after summary judgment briefing.
  • Integrated circuits (ITC) — Represented a television manufacturer in a patent infringement investigation relating to timing circuits and bond-pad layout before the Internal Trade Commission; the case settled on favorable terms.
  • Semiconductor (N.D. Cal. ) — Represented one of the world's leading flash memory manufacturers against patent infringement claims involving twelve patents relating to flash memory chips, memory systems, semiconductor processes, and chip packaging patents; after a favorable ruling on the issue of patent exhaustion, all claims were dismissed in federal circuit appeal.
  • Data compression (S.D.N.Y.) — Represented a national data provider in a patent infringement action involving compression of financial market data, in which all asserted claims were held to be invalid or not infringed; the Federal Circuit affirmed the trial court's summary judgment rulings.
  • Telecommunications (S.D. Fla.) — Represented a technology company in patent infringement action involving Long Term Evolution (LTE) and 3G mobile communications technology.
  • Product assembly (E.D. Tex. ) — Lead attorney in the representation of a sporting goods manufacturer in a patent infringement action; the case settled on favorable terms shortly after Markman briefing was concluded.
  • Power generation (ITC) — Tried patent infringement investigation relating to wind turbine clean-energy technology on behalf of the patentee, a Fortune 50 company, before the International Trade Commission; the ALJ found a violation of two of the three patents-in-suit and found that the third patent-in-suit was both infringed and valid.
  • E-commerce (E.D. Tex. and PTAB) — Represented a group of online retailers accused of infringement of a patent related to real-time transactions occurring over the Web based on a variety of web-based transactions, including the online purchase of products and/or services using the retailers' e-commerce platforms. The matter was settled after the filing of a petition at the PTAB for Covered Business Method (CBM) review.
  • Telecommunications (E.D. Tex.) — Represented a major smartphone manufacturer in a patent infringement action involving antenna hardware.
  • Electronic materials (N.D. Tex.) — Represented a manufacturer of smart phones in a case involving exfoliated compressed graphite for heat dissipation.
  • E-commerce (D. Del. and PTAB) — Lead associate in the representation of online companies against patent infringement claims involving two patents relating to interactive networked content.

Awards & Community

Recognized as a Texas Super Lawyer-Rising Star (Thomson Reuters), 2013-2017

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Baker Botts Summer CLE on IP and Ethics

Please join Baker Botts on Wednesday, June 27th for a Summer CLE on IP and Ethics discussing current topics in intellectual property. This presentation is pending approval for 2.25 hours of CLE credit, including .75 hours of ethics.