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ProfessionalsDavid E. Cole

David E. Cole
Counsel

Tel: +1-202-223-7348
Fax: +1-202-204-7381

+1-202-223-7348
Washington

2001 K Street, NW
Washington, DC 20006-1047
Fax: +1-202-204-7381

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Education 
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A counsel in the Litigation Department, David Cole represents clients in a broad range of complex matters, with a particular focus on patent litigation and antitrust litigation. David has extensive experience handling high-profile commercial litigation matters, particularly on behalf of healthcare and technology companies.

EXPERIENCE

David has been extensively involved in all aspects of patent litigation, including proceedings before the U.S. Patent Trial and Appeal Board, the U.S. International Trade Commission and various federal district courts, and appeals to the U.S. Court of Appeals for the Federal Circuit.

David has litigated patents in a wide variety of areas, including therapeutic antibodies, recombinant DNA, drug delivery systems, medical devices and histology equipment, surgical imaging software, light-emitting diodes, safety equipment, and software related to financial services networks and online teaching platforms.

His significant patent litigation representations include:

  • Genentech in litigations involving the bispecific antibody HEMLIBRA庐 (emicizumab-kxwh), approved to treat hemophilia A, as well as the anti-PD-L1 antibody TECENTRIQ庐 (atezolizumab);
  • Edwards Lifesciences in a case involving transcatheter heart valve repair systems;
  • Nichia Corporation in the enforcement of its patent rights to white LEDs in nationwide litigations against multiple alleged infringers. In related USPTO challenges, the PTAB declined to institute IPR proceedings on four petitions brought by one of the alleged infringers; and
  • iFlight, the parent company to DJI, one of the world鈥檚 leading quadrotor drone developers, in two related, high-value patent disputes brought by Textron Innovations.

David has also represented clients in antitrust matters in a variety of sectors, including heavy construction equipment and medical devices. Significant representations include:

  • International Construction Products (ICP), a now-defunct heavy construction equipment importer, in securing a $100 million jury verdict in the U.S. District Court for the District of Delaware in ICP鈥檚 nearly decade-long lawsuit against industry giant Caterpillar; and
  • C.R. Bard, Inc. and Bard Access Systems, Inc. as co-counsel in securing a complete defense verdict in a $450 million antitrust lawsuit following a three-week jury trial in the U.S. District Court for the Northern District of New York brought by AngioDynamics, a medical device company, alleging that Bard illegally tied the sales of Bard鈥檚 Peripherally Inserted Central Catheters (PICCs) and its Tip Location System (TLS).

David鈥檚 other significant litigation representations include:

    • CFE International (CFEi) in a lawsuit pending in the U.S. District Court for the Southern District of Texas against two of CFEi鈥檚 former directors and officers for breaching their fiduciary duties under both Delaware common law and CFEi鈥檚 operating agreement; and
    • Revlon in product liability lawsuits involving allegations that certain cosmetics contain cancer-causing agents.

David has also worked on a variety of pro bono matters, including working with or on behalf of The Innocence Project and The Brennan Center for Justice.

WRITING/SPEAKING

David was invited to speak at the IDA Science & Technology Institute鈥攁 federally funded research and development center鈥攚here he gave a presentation entitled 鈥淥verview of the U.S. Patent System.鈥

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