David Henry Dolkas (Dave) is an experienced intellectual property litigator trial lawyer with McDermott Will & Emery LLP. Dave is the head of McDermott’s Silicon Valley Intellectual Property Litigation Practice Group. Dave has extensive trial experience representing clients in numerous jury trials involving patent infringement, trade secret misappropriation, breach of contract, and product liability.
Dave is the author of Managing Complex IP Litigation, published by LexisNexis in January 2014. Dave is a recognized thought-leader in the field of managing and presenting complex litigation and has served as an adjunct law professor at Santa Clara University School of Law since 2002.
Dave is listed as a Super Lawyer/Northern California for IP Litigation (2013), ranked in the 2013 and 2014 edition of IAM Patent 1000 – The World’s Leading Patent Practitioners and the 2013 and 2014 editions of Best Lawyers in America – Patent Litigation. Dave was ranked as a Benchmark LitigationStar in intellectual property by Benchmark Litigation2013. Dave is AV rated by Martindale-Hubbell and was selected by the publication as a 2013 Top Rated Lawyer in Intellectual Property. Dave has served as a presenter at numerous bar and professional association meetings on topics relating to managing and presenting complex litigation and intellectual property litigation. Dave is a member of the Sedona Conference Working Group (10) on Patent Litigation and co-authored the Group’s chapter on the management of patent trials.
Since 2006, Dave has served as lead or co-lead counsel in several matters for Qualcomm Incorporated in the International Trade Commission (ITC) and district courts. Dave has also represented other technology and pharmaceutical companies in numerous patent infringement matters.
Biomet, Inc. v. Bonutti Skeletal, Inc., United States District Court for the Northern District of Indiana, LEO Pharma, A/S v. Tolmar, Inc., United States District Court of Delaware, 3:13-cv-176-JVB-CAN, a patent infringement action involving multiple patents and products related to orthopedic implants and knee replacement surgery. (Lead counsel for Biomet. Matter is currently pending.)
ChriMar Systems, Inc. et al., v. Hewlett-Packard Co., et al., United States District Court for the Northern District of California,4:13-cv-01300-JSW, a patent infringement action which alleges infringement related to HP’s Power-over-Ethernet products. (Lead counsel for HP. Matter is currently pending in the district court following a successful defense of the predecessor case brought in the ITC, which ended in a full withdrawal of the complaint and a dismissal of the ITC’s investigation.)
Counsel for Qualcomm in several matters, including Tessera, Inc. v. Qualcomm Incorporated, et al., United States District Court for the Northern District of California, 4:12-cv-00692 CW (resolved following release of court-appointed expert’s report); Mosaid Technologies, Inc. v. Qualcomm Incorporated, et al., United States District Court for the Eastern District of Texas, 2:11-cv-00179-MHS-CMC (settled following Markman Order); Semiconductors Ideas to Market, BV v. Qualcomm Incorporated, et al., United States District Court for the Eastern District of Texas, 1:11-CV-451 (settled).
LEO Pharma, A/S v. Tolmar, Inc., United States District Court of Delaware, 10-269 (SLR), a patent infringement action involving two pharmaceutical patents and products related to treatment of psoriasis. (Lead trial counsel for Tolmar. Case settled after trial.)
Extreme Networks, Inc. v. Enterasys Networks, Inc./Enterasys Networks Inc. v. Extreme Networks, Inc., United States District Court for the Western District of Wisconsin, 07-cv-0229-bbc, a patent infringement action involving networking patent. (Lead trial counsel for Defendant Extreme. Jury verdict of non-infringement.)
Lead counsel for Sandoz, Inc. in matters pending in district courts: Cephalon, Inc. and Cima Labs, Inc. v. Sandoz, Inc., United States District Court for Delaware, 10-330-SLR and Warner Chilcott Company, LLC, et al., v. Sandoz, Inc., United States District Court for District of New Jersey, 2:10-cv-0511-WJM-MF.
Member of the national trial team for Bayer Corporation in In Re Baycol Mass Tort Litigation, a complex mass tort action involving a pharmaceutical.
Coordinated over 400 state and federal cases in California, Pennsylvania and Minnesota brought against Bayer.
Managing Complex IP Litigation, LexisNexis, January 2014 (available through www.lexisnexis.com or www.amazon.com)
Recent Publications (Available on request)
Telling the Story of Your Complex Case, Corporate Counsel, May 2014
Think Like a Screenwriter: 5 Tips for Trial Lawyers, Law360, May 2014
Your Career: Tips for Finding Your Strengths and Managing Your Brand, The Recorder, April 2014
Complex IP Litigation Gets an Instruction Manual, Corporate Counsel, April 2014
How to Run Team Meetings in Complex Cases – Parts 1 and 2, Law 360, May 2013
Defining the Mission of the Complex Case, Law 360, August 2012
Effective Program Management for Patent Case, Law360, October 2011
Lights! Action! Litigate!, National Law Journal, July 2008
The Three Dysfunctions of a Complex IP Team, Law 360, April 2008
Partnering With Your Attorneys On Major Litigation, Financial Executive, August 2006
Recent Speaking Engagements
Litigation 101 - An overview of the litigation process, presented at Cornerstone Research’s annual meeting, April 2014, San Francisco
Effective, Admissible and Visual Communications - The art and practice of visual presentation, Practicing Law Institute, September 2010, Washington DC
Time Management for Lawyers, Practicing Law Institute, June 2010, San Francisco (Presented with Sandra Magliozzi, Director, Professional Development and Externships, Santa Clara University School of Law)
Patent Portfolio Analysis - Analysis, Management and Communication, November 2009, Association of Corporate Counsel, San Francisco Bay Area Chapter, San Francisco and Silicon Valley (Presented with Jeff Gargano, McDermott partner, and Larry Collins, principal and founder of CaseSight, Inc.)
Patent Litigation - Mock direct and cross examination of a technical expert in a patent case, Practicing Law Institute, September 2009, San Francisco
Dave is admitted to practice in California and in numerous federal courts, including the U.S. Court of Appeals for the Ninth Circuit, the U.S. District Courts for the Northern, Central and Southern Districts of California, the district courts of Colorado, Delaware, New Jersey, Southern District of New York, Eastern District of Texas and the Eastern District of Virginia.