David B.Cochran (Dave)

Partner

(T) + 1.216.586.7029

Dave Cochran has handled every type of patent matter for clients primarily in high-technology fields. A patent holder himself, Dave provides patent prosecution, portfolio development, due diligence, patent litigation, Patent Trial and Appeal Board (PTAB) litigation, appellate, and international patent services.

Most recently, Dave was part of the three-lawyer Jones Day team that prevailed at the Supreme Court in SAS Institute, Inc. v. Iancu, fundamentally changing PTAB litigation practice at the United States Patent and Trademark Office (USPTO). He has prosecuted hundreds of patent applications throughout the world and has been lead technical lawyer on more than 50 patent litigation matters at various U.S. district courts, involved in more than a dozen appeals to the Federal Circuit, and lead counsel in more than 75 PTAB litigations at the USPTO. Dave led the Jones Day Global Patent Prosecution group for more than 10 years and led the formation of the Jones Day PTAB Litigation group in 2012.

Prior to joining the Firm, Dave worked as an electrical engineer for IBM and NASA where he developed technical experience in semiconductor processing and fabrication, circuit design and simulation, semiconductor physics, laser electronics, embedded computer systems, control systems, power supply systems, and high-resolution imaging devices. He holds three U.S. patents and one European patent related to his work for IBM.

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Experience

  • Chroma acquires 20.5 percent of CamtekJones Day advised Chroma ATE Inc., a leading Taiwanese corporation, in its acquisition of approximately 20.5 percent of the shares of Camtek Ltd. at $9.50 per share.
  • The Cato Institute and Professor Gregory Dolin submit brief supporting patentees in interpretation of America Invents ActOn behalf of the Cato Institute and Professor Gregory Dolin, Jones Day submitted an amici curiae brief arguing that executive agencies may not initiate post-grant, inter partes, and covered-business-method review proceedings before the Patent and Trademark Office.
  • Dexcom achieves unpatentability ruling in PTAB disputeJones Day counseled Dexcom, Inc. to a victory that challenged the claims of U.S. Patent No. 7,529,574 at the Patent Trial and Appeal Board (PTAB).
  • Synopsys reaches agreement with Mentor Graphics in competitor patent caseJones Day served as lead trial counsel for Synopsys Inc. in competitor patent litigation against Mentor Graphics Corporation following the Federal Circuit’s remand of the case to the district court.
  • McCain successfully defends patented French fry processing technology against IPR petition brought by competitor J.R. SimplotJones Day successfully represented McCain Foods Limited in defending an inter partes review (IPR) petition filed by competitor J.R. Simplot Company against U.S. Patent No. 6,821,540, which relates to French fry processing technology.
  • SAS Institute win in Supreme Court is a game-changer for PTAB casesJones Day represented SAS Institute Inc. in its recent 5-4 win before the U.S. Supreme Court, which will fundamentally transform the way that patents are litigated before the Patent Trial and Appeal Board of the U.S. Patent Office.
  • Canon wins Rule 36 affirmance of summary judgment and attorneys' fees in flash memory card patent caseJones Day once again successfully defended Canon Inc. and Canon U.S.A., Inc. against claims of patent infringement relating to flash memory card readers.
  • McCain battles Simplot in IP litigation over utility patents, design patents, and trade dress for frozen potato productsIn this competitor case, Jones Day is enforcing McCain Foods Limited's patent rights relating to McCain's French fry processing technology and potato product designs against Simplot, one of McCain's chief rivals.
  • Xilinx defends against patent claims by Japanese sovereign patent fund IP BridgeJones Day represents Xilinx Inc., the industry leader in field programmable gate arrays, in its patent dispute with Godo Kaisha IP Bridge 1 (IP Bridge), a Japanese sovereign patent fund that holds approximately 800 patents and attempts to generate revenues by enforcing patents against U.S. operating companies.
  • Avid settles revived data storage patent infringement suit against Harmonic shortly before trialAfter a Jones Day team obtained a reversal of an adverse jury verdict from the United States Court of Appeals for the Federal Circuit on behalf of Avid Technology, Inc. ("Avid"), the case settled shortly before trial.
  • Xilinx proves unpatentability of third party patent claims in USPTO IPR and at Federal CircuitJones Day successfully represented Xilinx, Inc. in defending patent claims asserted by PLL Technologies, Inc. in the District of Delaware as well as before the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR) challenge to the patent and on the subsequent appeal to the Federal Circuit.
  • Synopsys obtains reversal of PTAB unpatentability decisionJones Day obtained a rare reversal of the PTAB on behalf of Synopsys, Inc. in its ongoing battle with ATopTech, Inc.
  • Xilinx obtains Federal Circuit decisions affirming dismissal under Alice and setting personal jurisdiction precedentJones Day represents Xilinx, Inc. in multiple venues against patent infringement assertions relating to integrated circuit testing technology.
  • Dexcom obtains stay of patent infringement action filed by AgaMatrixJones Day is defending Dexcom, Inc. in a patent infringement action before the United States District Court for the District of Oregon (Portland Division).
  • Dexcom successfully petitions PTAB to institute IPRs on asserted patents and obtains stay of district court litigationOn behalf of San Diego-based medical device company Dexcom, Inc., Jones Day successfully petitioned the PTAB to commence IPRs as to all asserted claims of two patents asserted in litigation by plaintiff WaveForm Technologies, Inc. (formerly AgaMatrix, Inc.) related to continuous glucose monitors.
  • Xilinx garners institution of PTAB IPRs of Papst's U.S. patentsJones Day represents Xilinx, Inc. in the prosecution of IPRs of Papst's U.S. Patent Nos. 6,574,759 and 6,704,891.
  • Avid successfully defends PTAB patentability ruling before Federal CircuitJones Day, on behalf of Avid Technology, Inc. ("Avid"), successfully obtained a unanimous panel decision of the United States Court of Appeals for the Federal Circuit on March 1, 2016, affirming the PTAB's final written decision confirming the patentability of claims of Avid's U.S. Patent No. 5,495,291, directed to video decompression technologies.
  • AbbVie successfully defends patents related to HUMIRA® against IPR petitions filed by AmgenJones Day served as co-counsel in the successful defense of AbbVie Inc. in two IPRs brought by Amgen in connection with U.S. Patent Nos. 8,916,157 and 8,916,158 related to AbbVie's blockbuster antibody therapeutic, HUMIRA®.
  • Xilinx defends against patent infringement claims relating to clock synthesizer technologyJones Day is defending Xilinx, Inc. against PLL Technologies' claims of patent infringement relating to clock synthesizer technology.
  • Celgene successfully defends REVLIMID® compound patent against Kyle Bass' IPR petitionJones Day represented Celgene Corporation in successfully defending an IPR petition filed by Coalition for Affordable Drugs VI LLC (CFAD) - a company formed by hedge fund manager Kyle Bass - against U.S. Patent No. 5,635,517, which is listed in the Orange Book for Celgene's REVLIMID® brand drug.
  • Speaking Engagements

    • March 2019
      2019 PTAB Bar Association - Master Class Presentation
    • December 6-7, 2018
      2018 Berkeley Center for Law and Technology IP Forum
    • July 19, 2017
      2017 Speaker Series: The Supreme Court Takes a Serious Look at the State of U.S. Patent Law
    • March 2017
      2017 PTAB Bar Association - Panel Discussion on Appellate issues at the PTAB
    • August 9, 2012
      Patent Issue Forum with David Kappos of the USPTO - Trade Secrets
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