David A. Caine

David A. Caine is a partner in the Intellectual Property practice at Arnold & Porter Kaye Scholer LLP, where he focuses on patent, trade secret, and general commercial litigation. His practice spans a broad range of technologies, including semiconductor fabrication and packaging, computer hardware and software, memory and logic circuits, medical devices, pharmaceuticals, biopharmaceuticals, and telecommunications. Cases he has handled include those involving electric vehicle charging systems, audio recording technology, acoustic technology, multi-display mobile devices, bone cements, hemostatic clips, spinal cord stimulation systems, mammography technology, data center technology, and internet browser techniques.

In his litigation practice, Mr. Caine demonstrates experience representing both plaintiffs and defendants. While his tracked cases show two appearances on the plaintiff side and one on the defendant side, his broader professional profile indicates a balanced practice where he serves as counsel for both patent owners and challengers in various proceedings. For instance, he served as lead counsel for Samsung Electronics Co., Ltd. as a petitioner in an Inter Partes Review (IPR) proceeding against Staton Techiya, LLC, and represented Tesla, Inc. as an appellant challenging patentability before the Federal Circuit. Conversely, he has also represented patent owners such as Boston Scientific in IPRs involving medical device technologies and Regeneron in PTAB proceedings.

Mr. Caine has been involved in several notable matters, including representing Tesla, Inc. in an appeal concerning electric vehicle charging systems before the U.S. Court of Appeals for the Federal Circuit, where the PTAB's decision was affirmed. He also served as lead counsel for Samsung Electronics Co., Ltd. in IPR proceedings related to an audio recording patent, with a related Federal Circuit appeal voluntarily dismissed. His experience further includes successfully representing Heraeus as trial counsel in trade secret litigation involving bone cements in federal court and the International Trade Commission, securing findings of misappropriation against a competitor, and obtaining a voluntary dismissal with prejudice for Aligned Data Centers in patent cases concerning data center technology. He also prevailed for Hologic Inc. in ITC litigation involving mammography technology, along with related PTAB proceedings. Mr. Caine's expertise also extends to commenting on Federal Circuit design patent decisions, emphasizing the importance of overall visual impression.

He regularly appears in proceedings before the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) and the International Trade Commission (ITC). Mr. Caine earned his J.D. from the University of Virginia School of Law in 2001, where he was Order of the Coif, and holds a B.A. in Chemistry and Spanish from the University of Virginia, awarded with distinction in 1998. He is admitted to practice in California, before the U.S. Court of Appeals for the Federal Circuit, and various U.S. District Courts.