David Tobin

Special Counsel

David Tobin Photo

Dallas

P: +1.214.953.6869
F: +1.214.661.4869
  • 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.