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
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
- American University (J.D. summa cum laude 1997; Federal Circuit Editor, Law Review); University of Virginia (B.S.Ch.E. 1992)
- Ohio; Virginia; U.S. Courts of Appeals for the Federal and Fourth Circuits; U.S. District Courts for the Northern and Southern Districts of Ohio, Eastern District of Virginia, Eastern District of Texas, Eastern District of Michigan, and Northern District of Illinois; and registered to practice before the U.S. Patent and Trademark Office
- Patent Examiner, U.S. Patent and Trademark Office (1992-1997)
The Best Lawyers in America, recognized for intellectual property — litigation (2019-2022), including 2022 "Lawyer of the Year," Intellectual Property, Cleveland
The Legal 500 United States, recommended for intellectual property — patent litigation: full coverage (2015, 2017, 2020, and 2021)
Managing Intellectual Property IP STARS (2017-2021)