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Anthony Dain

Procopio, Cory, Hargreaves & Savitch LLP - San Diego
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Anthony Dain
Procopio, Cory, Hargreaves & Savitch LLP - San Diego
San Diego,
 CA

Partner

SERVICES & SPECIALIZATIONS

Litigation, Intellectual Property

Restructuring and Bankruptcy

White Collar Criminal Defense

Asia Pacific

Privacy and Cybersecurity

ADMISSIONS

California;

US Patent & Trademark Office;

US Supreme Court

Anthony has successfully represented international companies, financial institutions, federal agencies, tribal governments, public utilities, businesses and individuals. His practice focuses on litigation in the areas of intellectual property, financial institutions, white-collar crime, environmental, commercial litigation and Native American issues, as well as alternative dispute resolution, mediation and arbitration. He has represented clients in more than 100 jury trials, has extensive experience before state and federal courts of appeal, and has 20 published appellate cases.

Representative Matters

Obtained patent infringement verdict of $13.5M, after a three week jury trial in the Central District of California, involving polyimide film used in the flexible printed circuit boards of mobile phones.

Obtained $2.2M verdict, after five day jury trial in the Central District of California, with findings of breach of fiduciary duty and conversion against the former CEO of a plastics recycling company.

Obtained high seven-figure patent infringement settlement on the eve of trial in Delaware District Court for the company of the inventor of a groundbreaking all-optical switch for data transmission.

Obtained mid seven figure verdict in first phase of multi-phase, consolidated trial, representing ambulatory surgical centers against several insurance coverers. After 17 day trial, and Defendants writ to the Court of Appeal the Appellate Court issued a published decision affirming the lower courts findings and judgment.

Obtained patent infringement verdict of $5.5M, plus 10% royalty on behalf of manufacturer of polymer fibers, against importer and distributor of infringing products. After a two week jury trial in the Northern District of Texas, the jury returned a verdict finding the patents infringed and valid and rejecting defendants’ claims of unenforceability.

Obtained $2.9M judgment for distributor of automobile after-market products, after 4 week trial and appeal in trademark, false advertising and false patent marking case.

Obtained $1.73M toxic tort verdict after 5 week jury trial. Plaintiffs, owners of a family business, were exposed to pathogens in treated sewage water after defendants’ water district and contractors misconnected an irrigation line to a tap water line.

Represented Federal Regulator in Director and Officer investigation of failed financial institution, negotiating settlement of $7.9M.

Defended ice delivery company in patent infringement preliminary injunction in Arizona District Court. In this “bet the company” evidentiary hearing, the trial court construed the claims and found the company’s machine did not infringe the patent.

Obtained jury verdict on behalf of plaintiff in malicious prosecution lawsuit after two week trial in Malibu, CA.

Defended wireless telephone carrier in Eastern District of Virginia (“rocket docket”). Plaintiff was requesting $170M for alleged infringement of wireless modem adaptors. After three week jury trial, jury rendered verdict of non-infringement and invalidity of the patent.

Represented floor cleaning equipment manufacturer in defense of two week patent jury trial in Southern District of California. Patent claims currently rejected by USPTO following reexamination.

Obtained judgment of acquittal in jury trial on criminal charges brought against German exporter.

Obtained defense jury verdict on behalf of CPR Savers and First Aid Supplies in suit brought by Express Companies, Inc., alleging theft of trade secrets and interference with Express’ contract with Yahoo.

Defended a tribal development corporation in jury trial in Atlanta, GA, involving allegations of breach of contract.

Obtained $1.38M jury verdict on behalf of the historic US Grant Hotel against its former operator; also obtained verdict for US Grant Hotel against the cross-complaint of operator seeking $5M for breach of contract.

Multi-million dollar recovery for receiver of failed financial institutions against officers and directors, as well as banker’s bond and directors and officers insurance carriers, for wrongful acts committed in commercial and multi-family residential lending.

Defended vacuum equipment manufacturer in complex trade secret litigation in California Southern District Court. Case settled favorably on first day of trial, following successful rulings on in-limine motions.

Represented bank executives in criminal and civil case, obtaining published decisions in both California Court of Appeals and Supreme Court on novel state and federal constitutional issues.

Represented two energy utilities in Nox emission patent litigation in the Southern District of California obtaining damages and royalties in excess of $1M and a royalty free license to use more than 60 US and foreign patents.

Defended an institutional lender in CERCLA litigation using the Asset Conservation, Lender Liability and Deposit Insurance Protection Act.

Defended Jan San Company in patent infringement law suit brought by industry leader. Following successful invalidation of the patent, obtained confidential settlement in counterclaim for anti-trust violation.

Defended a public utility in solar energy patent litigation in the District Court of Arizona and the Central District of California – plaintiff claimed more than $2.5B in worldwide damages.

Represented a patent holder and its exclusive licensee in a jury trial in the Central District of California obtaining damages and a permanent injunction against the infringer – the infringer settled, post judgment, agreeing to pay several million dollars in past damages and future royalties.

Obtained a defense verdict for a biotech company in trade dress and unfair competition litigation in the Central District of California, involving the distribution of horizontal electrophoresis devices.

Obtained a multi-million dollar settlement for an internet company involving issues of trademark and copyright infringement.

Recognitions

Best Lawyers®, Appellate Practice & Litigation-Patent, 2016-present

Best Lawyers®, Lawyer of the Year, 2020

Martindale-Hubbell® AV Preeminent Rating

Top Lawyers, San Diego magazine, 2013-present

Super Lawyers®, Intellectual Property Litigation, 2007-2019

Top Rated Lawyer in Intellectual Property Law, AmLaw, 2018

The State Bar of California Board Certified Appellate Specialist

Education

JD, University of San Diego Law School, 1981

BS (Biology), University of California, San Diego, 1976

Community

California State Bar Association, Appellate Court Committee

Salute to Teachers, 2017-2018

News Coverage

Cullen, Anne. “Antitrust Deal ‘Breaches’ Must Be Arbitrated: Realtor Group,” Law360, January 23, 2019.


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