David Henry Dolkas (Dave) is an experienced intellectual property litigator, trial lawyer and partner in the law firm of McDermott Will & Emery LLP and is based in the Firm's Silicon Valley office. He is the co-head of the Silicon Valley Intellectual Property Litigation Practice Group. Dave focuses his practice primarily on patent litigation; however, Dave has served as lead counsel on a variety of cases involving trade secret misappropriation, trademark infringement, unfair competition and complex commercial litigation.
Dave has extensive trial experience representing clients in numerous jury trials involving patent infringement, trade secret misappropriation, breach of contract and complex product liability. He has served as lead trial counsel on three high-stakes punitive damages cases tried to verdicts, with the juries awarding no punitive damages in two of the three cases and $1 million dollars in view of $9 billion dollars in net worth of Dave’s client.
In November 2011, Dave served as lead counsel on behalf of Extreme Networks in a patent infringement trial before Judge Barbara Crabb in the Western District of Wisconsin, securing a verdict of non-infringement as to all of Extreme Networks’ accused products.
Since 2006, Dave has served as co-lead counsel in matters for Qualcomm Incorporated in patent litigation matters pending in the International Trade Commission (ITC) and district courts. In December 2008, Dave led the Qualcomm ITC hearing team to a major victory in the ITC. (Dave has participated in three ITC investigations, serving either as lead counsel or co-lead and has taken lead roles in two hearings before ALJ’s on these matters.)
In addition to his trial experience, Dave has arbitrated numerous cases before court-appointed arbitrators, the NYSE, the American Arbitration Association and the Judicial Arbitration and Mediation Services, Inc. In one matter for a start-up company, Dave and his team secured an arbitration award of $6.4 million dollars from a large health carrier that breached the terms of a world-wide distribution agreement.
Dave is a recognized leader in the area of managing complex technology and using technology to manage complex litigation. Since 2002, Dave has served as an adjunct professor at Santa Clara University School of Law, teaching a course on managing complex intellectual property litigation. In 2007, Dave designed and taught a class on electronic discovery at Santa Clara University School of Law - one of the first law school classes ever to be taught on this subject. Dave has served as a presenter at numerous bar and professional association meetings on topics relating to managing complex litigation and intellectual property litigation.
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.
Representative Experience
- Lead counsel for Extreme Networks in 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-C-0229-C, a patent infringement action involving networking patent. Dave and his team obtained a jury verdict of non-infringement.
- Lead counsel for Qualcomm in Xpoint Technologies, Inc. v.Microsoft Corporation, Qualcomm Incorporated, et al., United States District Court of Delaware, 09-cv-00628 (SLR) - District Court of Delaware, a patent infringement suit involving a networking patent. The suit was settled on favorable terms during discovery.
- Co-lead counsel for Qualcomm in In the Matter of Certain Semiconductor Chips With Minimized Chip Package Size and Products Containing Same, International Trade Commission, 337-TA-605. This investigation involved a complaint for patent infringement by Tessera, Inc. against several respondents, including Qualcomm Incorporated. Dave served as co-lead counsel for Qualcomm Incorporated during the hearing and played a strategic and lead role with the joint respondents group.
- Counsel for Qualcomm in several matters, including Tessera, Inc. v. Qualcomm Incorporated, et al., United States District Court for the Eastern District of Texas, 05-04603 CW; Mosaid Technologies, Inc. v. Qualcomm Incorporated, et al., United States District Court for the Eastern District of Texas, 2:11-CV-179; Semiconductors Ideas to Market, BV v. Qualcomm Incorporated, et al., United States District Court for the Eastern District of Texas, 11-CV-451.
- 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.
Recent Publications
- 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
Education
- University of San Diego School of Law, J.D., 1982
- Loyola Marymount University, B.A., 1978
