David B.Cochran (Dave)

Partner

Cleveland + 1.216.586.7029

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Dave Cochran is one of the Firm's leading patent attorneys and Patent Trial and Appeal Board (PTAB) litigators. In his 25+ years of practice, he has handled every type of patent matter for clients primarily in high-technology fields. A patent holder himself, Dave provides strategic patent development, exploitation, litigation, appellate, and international patent services.

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 counsel in more than 150 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

  • Xilinx defeats all infringement claims brought by WSOU Investments asserting Alcatel-Lucent patent portfolioJones Day successfully defended Xilinx, Inc. against five patent infringement cases filed by plaintiff WSOU d/b/a Brazos asserting Alcatel-Lucent patents related to optical networks, power management, and clock generation.
  • Qualcomm wins Federal Circuit appeal on statutory interpretation that "applicant admitted prior art" cannot form the basis of an IPROn behalf of Qualcomm Incorporated, Jones Day won a Federal Circuit appeal on a novel issue of statutory interpretation of the America Invents Act (AIA).
  • Cohesity disposes of six-patent litigation brought by adverse competitor CommvaultJones Day successfully represented Cohesity Inc. ("Cohesity") and obtained dismissal in a six-patent, competitor suit filed by Commvault Systems in April 21, 2020.
  • Google invalidates three patents in IPRs asserted against Google AssistantJones Day successfully represented Google LLC ("Google"), invalidating three patents owned by Sovereign Peak Ventures, LLC ("SPV").
  • Qualcomm obtains remand from Federal Circuit based on PTAB's denial of due processJones Day successfully convinced the Federal Circuit to remand the Patent Trial and Appeal Board's ("PTAB's") January 2020 Final Written Decision finding challenged claims of Qualcomm Incorporated's U.S. Pat. No. 9,608,675 ("Power tracker for multiple transmit signals sent simultaneously") unpatentable in six inter partes review ("IPR") proceedings filed by Intel Corporation.
  • 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.
  • Qualcomm successfully defends patent claims against IPR challengeJones Day represented Qualcomm Incorporated in successfully defending patent claims against inter partes review ("IPR") petitions filed by Intel Corporation against U.S. Patent No. 8,838,949, which relates to multi-processor computer systems.
  • SAS and IBM challenge patentability of third party patent claims in USPTO reexamination proceedingsJones Day represented SAS Institute, Inc. and International Business Machines Corporation ("IBM") in two patent reexamination proceedings before the USPTO Patent Trial & Appeal Board challenging a software-related patent that had been asserted in a lawsuit filed by InvestPic, LLC.
  • Chroma acquires 20.5% of CamtekJones Day advised Chroma ATE Inc., a leading Taiwanese corporation, in its acquisition of approximately 20.5% of the shares of Camtek Ltd. at $9.50 per share.
  • Micron Technology asserts trade secret and RICO claims, establishes U.S. jurisdiction over foreign defendants under DTSAJones Day represents Micron Technology, Inc. as a plaintiff in a trade secret and RICO lawsuit against Taiwanese and Chinese entities accused of theft of Micron's semiconductor processing technology.
  • Xilinx defends against patent claims by Japanese sovereign patent fund IP BridgeJones Day represented 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.
  • 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.
  • 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.
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    October 2021 Blog

    Legislation: Restoring the America Invents Act, PTAB Litigation Blog

    July 2021 Blog

    Court Awards Domino’s Extra Dough, PTAB Litigation Blog

    June 2021 Blog

    Arthrex: Unreviewable APJ Authority Incompatible with Appointments Clause, PTAB Litigation Blog

    December 2020 Blog

    PRECEDENTIAL: Stipulation Roadmap for Fintiv Factor Four

    July 2020 Blog

    Focus on Fintiv Factor Four, PTAB Litigation Blog

    May 2020 Blog

    Lights Out For Solar Cell Follow-On Petition, PTAB Litigation Blog

    April 2020 Podcast

    JONES DAY TALKS®: PTAB Litigation Blog Reaches 500 Posts ... and the PTAB Reacts to COVID-19

    December 2019 Podcast

    JONES DAY TALKS®: Appointments of PTAB Judges Ruled Unconstitutional

    November 2019 Blog

    Alice at Five, PTAB Litigation Blog

    September 2019 Blog

    Jones Day’s PTAB Litigation Blog – The Story and Rationale, PTAB Litigation Blog
    View All

    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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