David M.Maiorana (Dave)

Partner

Cleveland + 1.216.586.7499

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Dave Maiorana is a trial lawyer with a notable combination of significant experience as a United States Patent and Trademark Office (USPTO) Examiner and 25 years litigating complex intellectual property matters. He has represented clients as both plaintiffs and defendants around the country and in the International Trade Commission (ITC). Dave has experience in diverse technology areas, including e-cigarettes, teeth whitening, diapers, fem care, antibodies, self-inflating tires, oxygen concentrators, flash memory, and digital cameras.

Dave recently served as first-chair trial counsel for R.J. Reynolds in an ITC trial involving tobacco heating products and e-cigarettes. He has served as first-chair trial counsel in other ITC investigations as well.

Dave has successfully represented Procter & Gamble (P&G) for many years, including as lead counsel in patent litigation matters. He represented P&G as a patentee plaintiff, successfully moving for a preliminary injunction. In another case as lead counsel for P&G, Dave won summary judgment of infringement and no invalidity.

Dave leverages his USPTO and trial lawyer experience as lead counsel in many inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). His PTAB experience includes multiple proceedings where he obtained complete denial of IPR petitions on behalf of the patent owner.

Dave is "flexible, friendly and easy to work with" and is "highly skilled in matters before the USPTO and in ITC issues" (Legal 500).

Dave is a member of the ITC Trial Lawyers Association, the IPO ITC Committee, PTAB Bar Association, AIPLA, Cleveland IP Law Association, and Cleveland Metropolitan Bar Association.

Experience

  • Goodyear defeats trade secrets case involving self-inflating tire technologyJones Day successfully represented Goodyear Tire & Rubber Company ("Goodyear") and its employees accused by a Czech Republic citizen and his companies of misappropriating trade secrets relating to self-inflating tire technology and incorporating the technology into several U.S. patents.
  • R.J. Reynolds successfully enforces patents in ITC trial against Philip Morris in dispute over cigarette alternativeJones Day's client Reynolds achieved a precedent-setting victory before the International Trade Commission (ITC) against its main competitors Philip Morris Products S.A. ("Philip Morris") and Altria Client Services LLC ("Altria") in a patent infringement dispute involving tobacco heating and vaping products.
  • Tineco prevails in ITC patent infringement dispute with Bissell over wet-dry surface cleaning devicesJones Day represents Tineco Intelligent Technology Co., Ltd. as respondent in an ITC Section 337 investigation filed by complainants Bissell Inc. and Bissell Homecare Inc. ("Bissell") relating to wet-dry surface cleaning devices.
  • Velodyne defeats trade secret misappropriation claims at ITC and District CourtJones Day successfully defended leading lidar developer Velodyne Lidar USA, Inc. against trade secret misappropriation claims in the International Trade Commission and U.S. District Court for the Northern District of California, resulting in Complainant voluntarily withdrawing its Complaint and terminating the ITC investigation, and dismissing its district court claims with prejudice.
  • Owens Corning successfully defends ITC action involving roofing underlayment productsJones Day represented Owens Corning, Owens Corning Roofing & Asphalt, LLC, and InterWrap Corp. ("Owens Corning") in multi-venue litigation relating to synthetic roof underlayment patents asserted by Kirsch Research & Development, LLC ("Kirsch").
  • DePuy Orthopaedics obtains Federal Circuit affirmance of patent infringement victory involving its flagship knee replacement productJones Day successfully represented Johnson & Johnson subsidiaries DePuy Orthopaedics, Inc.; DePuy Synthes Sales, Inc.; and DePuy Synthes Products, Inc. in their defense against claims of patent infringement brought by MedIdea, L.L.C. relating to the sale of their flagship posterior stabilized knee replacement product, Attune®.
  • Qualcomm successfully defends patentability challenges in five IPR casesJones Day successfully defended challenges to Qualcomm Incorporated's U.S. Pat. No. 9,154,356 ("Low noise amplifiers for carrier aggregation") in five inter partes review ("IPR") proceedings filed by Intel Corporation.
  • Canon and Nikon win eight IPRs against two Papst patentsJones Day successfully represented both Canon and Nikon in eight inter partes reviews relating to two patents owned by Papst Licensing (U.S. Patent Nos. 8,504,746 and 8,966,144).
  • Daikin defends against patent infringement claims involving its fluoropolymer products, obtains inter partes review of asserted patents in USPTO and stay of litigationJones Day is representing Daikin Industries, Ltd. and Daikin America, Inc. in a patent infringement suit brought by Chemours Company FC, LLC in U.S. District Court in Delaware.
  • 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.
  • Procter & Gamble resolves patent dispute over private label tooth whitening stripsJones Day successfully represented The Procter & Gamble Company in district court and inter partes review proceedings in a dispute involving their pioneering technology and patents covering at-home tooth whitening strips.
  • AbbVie prevails in Sandoz IPR challenge of HUMIRA® formulation patentJones Day served as lead counsel and successfully defended AbbVie in connection with an inter partes review (IPR) petition filed by Sandoz, Inc. against U.S. Patent No. 8,802,100, which is related to formulations for AbbVie's antibody adalimumab, marketed as HUMIRA®.
  • AbbVie successfully defends HUMIRA® formulation patent against four IPR petitions filed by CoherusJones Day is serving as lead counsel and successfully defended AbbVie in connection with four (4) separate inter partes review (IPR) petitions brought by Coherus Biosciences, Inc. against U.S. Patent No. 9,085,619, which is related to formulations for AbbVie's antibody adalimumab, marketed as HUMIRA®.
  • Procter & Gamble successfully protects Crest Whitestrips® line of productsJones Day represented The Procter & Gamble Company in securing a consent judgment and permanent injunction against a private label manufacturer infringing P&G's patents and the trade dress packaging and trademarks for its successful Crest Whitestrips® line of products.
  • Acorda Therapeutics wins IPRsJones Day served as co-counsel in the successful defense of two of Acorda Therapeutics' Orange Book patents relating to Ampyra®, in IPRs requested by the Coalition for Affordable Drugs (ADROCA) LLC and Kyle Bass et al.
  • Micron defends against flash memory file system patent claimJones Day defended Micron Technology, Inc. in a patent infringement action against non-practicing entity e.Digital Corporation.
  • Procter & Gamble defends six IPRs involving patents relating to hair care productsJones Day successfully represented The Procter & Gamble Company in defending IPRs of U.S. Patent Nos. 6,974,569; 6,451,300; and 6,649,155, relating to hair care products.
  • Procter & Gamble settles patent infringement and antitrust claims related to teeth whitening stripsJones Day represented Procter & Gamble in patent infringement litigation against CAO Group for infringement of certain patents relating to teeth whitening strips.
  • Procter & Gamble successfully blocks institution of IPR on three Crest Whitestrips® patentsJones Day represented The Procter & Gamble Company ("P&G") in successfully blocking institution of inter partes review ("IPR") of three patents covering its Crest Whitestrips® products.
  • Procter & Gamble wins summary judgment of infringement and no invalidity in Tooth Whitening Strip patent disputeJones Day represented The Procter & Gamble Company in patent infringement litigation asserting three of P&G's patents relating to tooth whitening products and methods.
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    November 2022 Blog

    PTAB Declines To Consider Substance Of RPI Complaint, PTAB Litigation Blog

    July 2022 Blog

    Interim Procedure for Discretionary Denials Established, PTAB Litigation Blog

    February 2022 Blog

    Fintiv Revisited—District Court Transfer Results in Institution Reversal, PTAB Litigation Blog

    December 2021 Blog

    Prior Art Wanted—Cash Reward, PTAB Litigation Blog

    November 2021 Alert

    President Biden Selects District of Delaware Chief Judge Stark For Federal Circuit

    September 2021 Blog

    Motion to Exclude Improper Vehicle For Addressing Non-Responsive Evidence, PTAB Litigation Blog

    August 2021 Blog

    Post-Arthrex PTAB Appeals Mostly Moving On From Constitutional Kerfuffle, PTAB Litigation Blog

    July 2021 Blog

    Most Arthrex Challengers Say "No Thanks" To Director Remand, PTAB Litigation Blog

    May 2021 Blog

    In Your Dreams – Additional PTAB Discovery Remains Elusive, PTAB Litigation Blog

    March 2021 Blog

    Institution Mandamus Review Limited to Colorable Constitution Claims, PTAB Litigation Blog
    View All

    Speaking Engagements

    • November 27, 2018
      Jones Day CLE Academy
    • June 29, 2018
      IPO ITC Committee Advanced ITC Litigation Class
    • October 25, 2017
      Japanese Intellectual Property Association (JIPA) Washington Seminar
    • September 27, 2017
      AIPPI Seminar 2017
    • October 27, 2016
      Cross-border IP litigation in the US and Europe: Strategic options for validity and infringement, VPP half-day seminar
    • June 10, 2016
      IPO ITC Committee Advanced ITC Litigation Class
    • October 28, 2015
      Japanese Intellectual Property Association (JIPA) Washington Seminar
    • September 8, 2015
      Japanese Patent Attorney Association (JPAA) Seminar Topic: The Current Anti-Patent Climate in the United States
    • September 11, 2015
      Jones Day U.S. Litigation Seminar
    • September 8, 2015
      Seminar - Japanese Patent Attorneys Association
    • May 15, 2015
      Advanced ITC Litigation Class, IPO Conference
    • December 12, 2014
      AIPPI Seminar 2014
    • September 30, 2014
      2014 Patent Disputes Forum
    • September 17-18, 2014
      All Ohio Annual Institute on Intellectual Property (AOAIOIP)
    • April 25, 2014
      Advanced ITC Litigation Class, IPO Conference
    • February 26, 2014
      Executive Roundtable Series: Protecting Your Business Against Online Counterfeiting and Patent Trolls
    • September 20, 2013
      Hot Topics in U.S. Patent Litigation
    • September 11, 2013
      Korean In-House Counsel Forum
    • September 20, 2012
      AIPPI Seminar
    • September 9, 2012
      IPO Annual Meeting, ITC Breakout Session
    • November 9, 2011
      Japanese Intellectual Property Association (JIPA) Washington Seminar
    • May 24, 2011
      International Trade Commission Trial Lawyers Association, Section 337 Seminar For Chinese Enterprises
    • October 28-29, 2010
      15th Annual Advanced Patent Law Institute, University of Texas School of Law
    • November 12-13, 2009
      Japanese Intellectual Property Association (JIPA) Washington Seminar, Mock Patent Trial
    • October 14, 2009
      Executive Roundtable Series: Section 337: Protecting Your Domestic Industry From Infringing Imports

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