David L.Witcoff

Partner

(T) + 1.312.269.4259

David Witcoff has represented leading technology companies in complex, high-stakes intellectual property litigation for more than 30 years. David has been lead trial counsel in U.S. District Courts throughout the country and in the U.S. International Trade Commission. He also has been lead counsel for clients in appeals before the U.S. Court of Appeals for the Federal Circuit and in inter partes review and other post-grant proceedings before the U.S. Patent & Trademark Office.

David has been recognized in numerous publications as a leading intellectual property litigator, earning accolades from clients such as "a distinguished and versatile trial lawyer," "a fantastic problem solver," "client focused and possesses a rare blend of engineering/scientific knowledge as well as top notch trial skills," "sharp, but not arrogant or over the top," "a brilliant negotiator," and "knows how to focus on the right issues to get great results for his client."

David's experience spans a wide variety of technologies, including semiconductor circuitry, fabrication, and packaging; internet and World Wide Web systems and protocols; computer hardware and software; telecommunications; computer networking systems; smart meters; electronic commerce systems; digital image processing; digital cameras; fuel tank inerting systems; refrigerated display systems; paging control systems; optic lenses; vacuum cleaners; train axle bearing assemblies; medical devices; pharmaceuticals; diagnostic equipment; automotive control systems and components; and Christmas ornaments. Representative clients include Amsted, Freescale Semiconductor, IBM, Itron, Kyocera, Lennox International, Micron, Motorola, Nikon, NXP Semiconductors, Parker Hannifin, SharkNinja, and Texas Instruments.

Experience

  • NXP battles allegations of infringing 26 RFID patentsJones Day is defending NXP USA, Inc. against allegations of infringing 26 patents relating to different aspects of RFID technology.
  • SharkNinja cleans up in one of the largest U.S. design patent cases in U.S. historyAfter Jones Day client SharkNinja Operating LLC successfully defended against vacuum and appliance manufacturer Dyson's claim for infringement on three asserted design patents, Dyson voluntarily dismissed its appeal to the U.S. Court of Appeals for the Federal Circuit on July 30, 2018, bringing to close a case that began more than four years ago.
  • 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).
  • Kyocera defends against alleged patent infringement relating to telecommunications standardsJones Day defends Kyocera Communications, Inc. against accusations that its cell phones infringe a patent allegedly relating to 3G telecommunications standards.
  • NEC Display Solutions defends against attempt to bar importation of LED displaysJones Day is defending NEC Display Solutions (both the Japanese parent and a U.S. subsidiary) against allegations brought by Ultravision Technologies, LLC (“Ultravision”) that certain of NEC Display Solutions' modular LED display panels and related components infringe two patents allegedly owned by Ultravision.
  • Kyocera obtains judgment of invalidity against patent asserted by Dutch telecommunications company Koninklijke KPN N.V.Jones Day successfully defended Kyocera Corporation and Kyocera International, Inc. against allegations that their mobile phones infringed a patent relating to error-checking telecommunications technology.
  • NXP battles DIFF Scale Research on multiple semiconductor patentsJones Day is defending NXP USA Inc. against allegations of infringing five patents that relate to various aspects of semiconductor technology, including phase lock loop, timing/clock circuit, packet network, and traffic shaping technology.
  • TECO Energy, Tampa Electric, and New Mexico Gas secure voluntary dismissal pre-discovery after identifying strong non-infringement argumentsOn behalf of TECO Energy, Inc., Tampa Electric Co., and New Mexico Gas Co., Jones Day secured a voluntary dismissal after filing a motion to dismiss and identifying strong non-infringement arguments before discovery started in the case.
  • Kyocera dismisses patent infringement claims relating to LTE telecommunications technologyJones Day obtained dismissal of two patent infringement cases brought against Kyocera Corporation and Kyocera International, Inc. in the Eastern District of Texas.
  • NXP secures voluntary dismissal of RFID patent infringement caseJones Day helped NXP Semiconductors secure a voluntary dismissal of a patent infringement case accusing wireless radio frequency identification ("RFID") devices based on the strength of NXP's non-infringement positions.
  • Kyocera defends against patent infringement claims relating to instant messagingJones Day is defending Kyocera International, Inc. in a patent infringement action brought by Uniloc in the Eastern District of Texas.
  • CenterPoint Energy obtains voluntary dismissal of allegations of patent infringement after identifying strong non-infringement arguments before discovery phaseOn behalf of CenterPoint Energy Houston Electric, LLC, Jones Day obtained a voluntary dismissal of a patent infringement lawsuit after identifying strong non-infringement arguments before discovery started in the case. 
  • Freescale obtains voluntary dismissal with prejudice of allegations of patent infringement after identifying alleged inequitable conduct before discovery startedOn behalf of Freescale Semiconductor, Inc., Jones Day obtained voluntary dismissal with prejudice of a patent infringement lawsuit after identifying alleged inequitable conduct before discovery started in the case.
  • Nikon defends patent infringement claims in action involving communication between digital cameras and personal computersJones Day is defending Nikon Corporation and Nikon Inc. against allegations that their digital cameras infringe patents owned by Papst Licensing GmbH & Co. KG ("Papst"), a German patent-holding company.
  • OmniVision defends against Caltech's patent infringement claims relating to CMOS image sensor technologyJones Day represented OmniVision Technologies, Inc. in a patent infringement action brought by the California Institute of Technology (Caltech) in the District of Delaware.
  • Freescale and Interphase defend against patent infringement allegations over semiconductor technologyJones Day defended Freescale Semiconductor, Inc. and Interphase Corporation against allegations of infringing eight patents relating to various aspects of semiconductor technology.
  • Kyocera defends patent infringement suit by Imperium (IP) Holdings involving CMOS image sensor technologyJones Day defended Kyocera Communications, Inc. against allegations that its cell phones infringe three patents relating to CMOS image sensor technology.
  • Freescale defends infringement claims by Stragent over patents relating to CRC protocols in network processorsJones Day defended Freescale Semiconductor, Inc. against allegations of infringing three patents generally relating to Cyclic Redundancy Check (CRC) protocols in network processors.
  • Freescale and Motorola defend against patent infringement claims brought by Panasonic before the ITCJones Day defended Freescale Semiconductor, Inc., Motorola, Inc., Premier Farnell Corporation d/b/a Newark Electronics, and Mouser Electronics, Inc. in an International Trade Commission investigation against Panasonic Corporation's allegations of infringement of patents relating to certain semiconductor technologies.
  • Nikon successfully defends against claims of patent infringement by CaltechJones Day obtained a settlement for Nikon in an infringement action related to 11 patents associated with CMOS image sensors in its cameras.
  • Parker Hannifin answers patent infringement charges by Firepass involving airplane fuel tank systemsJones Day is representing Parker Hannifin Corporation against allegations that its airplane fuel tank systems infringe four patents relating to reducing the oxygen concentration below levels that will support combustion.
  • Freescale defends against claims of patent infringement brought by Tessera before ITCJones Day represented Freescale Semiconductor, Inc. as Respondent in an investigation alleging patent infringement of Tessera patents relating to packaging of semiconductor devices.
  • IBM defends against patent infringement charges relating to data management on computer networksJones Day represented defendant IBM in a patent infringement case relating to management of data caching on computer networks.
  • Micron Technology resolves patent infringement suit over semiconductor packaging for DRAMsJones Day represented plaintiff Micron Technology in a patent infringement / antitrust litigation involving semiconductor packaging for DRAMs.
  • IBM defends against patent infringement claims concerning electronic credit card transactionsJones Day represented IBM in defending against claims of infringement of several patents directed to the processing of credit card transactions over the internet.
  • Speaking Engagements

    • June 12, 2017
      The Intersection of Contracts and Intellectual Property
    • April 8, 2016
      Recent Case Law Concerning FRAND Licensing & Standard Essential Patents (SEPs)
    • April 7, 2016
      Recent Case Law Concerning FRAND Licensing & Standard Essential Patents (SEPs)
    • February 2013
      How To Tame A Troll
    • April 2010
      The Current State Of The Law Of Multi-Party Patent Infringement
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