David A. Mancino

Partner

Cincinnati
T 513.929.3495  |  F 513.929.0303

"Extremely knowledgeable in patent law and the technology behind the patents. [Dave] is able to quickly understand what patents mean and extrapolate the impact."

— Chambers & Partners interviewee

Dave Mancino is a registered patent attorney with almost two decades of legal experience. His practice is a mix of patent litigation, patent prosecution, opinion work, and licensing work. In addition, Dave is the IP Group Coordinator for the Cincinnati Office of BakerHostetler. Dave has an Electrical Engineering degree from the University of Michigan and several years of experience working as an electrical engineer with McDonnell Douglas. As a patent attorney, he has experience working with numerous technologies, including commercial electronics, software, business methods, semiconductor design, electronic circuits, information technologies, communication protocols, lasers and optics, computer systems, encryption, computer forensics, high-speed digital printing, printer controls, cellular networks, medical devices, automotive components, jet engine components and systems, aircraft engine control systems, artificial intelligence, bioinformatics, prosthetics, and database systems. Dave frequently serves as technical lead on patent litigation cases, preparing infringement/non-infringement and validity/invalidity positions and contentions, preparing technical experts, assisting with or taking technical depositions and developing the technology-focused issues in claim construction, liability, and damages throughout the case. Dave crafts creative strategies to solve problems in the most cost-effective manner, while also diligently defending clients in litigation when necessary.

Dave is ranked in Chambers USA: America’s Leading Lawyers for Business and is listed in The Best Lawyers in America©. In 2013, Dave was named a 2013 "Lawyer of the Year" by Best Lawyers® for Cincinnati patent litigation. He co-authored Patent Local Rules for the Southern District of Ohio and was a member of the committee advocating for the implementation of the rules set forth in the document.

Select Experience

  • In a patent infringement action before the International Trade Commission, Dave served as technical lead during trial, in which BakerHostetler’s client ultimately prevailed. He prepared all technical issues and handled the technical witnesses throughout the ITC investigation involving three patents related to computer forensic devices.
  • In 2003, Dave negotiated the IP and data licensing agreements in a joint venture between a European market research company and a major U.S. retail corporation. The agreements crafted by Dave have lasted throughout the duration of the companies' highly successful joint venture due to Dave’s understanding of the issues and technologies involved.
  • In a patent litigation trial in the Eastern District of Texas involving DVD recorder products of a Japanese consumer electronics corporation, Dave handled all technical issues and technical witnesses during the litigation and trial. Following trial, the parties reached a settlement highly favorable to BakerHostetler's client.
  • Dave prepared and prosecuted a family of patents for a high-speed digital printing company, which has been successfully licensed to most of the digital printing industry, and which has also survived several patent litigations without any successful challenge to the validity and scope of the patents.
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Experience

  • In a patent infringement action before the International Trade Commission, Dave served as technical lead during trial, in which BakerHostetler's client ultimately prevailed. He prepared all technical issues and handled the technical witnesses throughout the ITC investigation involving three patents related to computer forensic devices.
  • In 2003, Dave negotiated the IP and data licensing agreements in a joint venture between a European market research company and a major U.S. retail corporation. The agreements crafted by Dave have lasted throughout the duration of the companies' highly successful joint venture due to Dave's understanding of the issues and technologies involved.
  • In a patent litigation trial in the Eastern District of Texas involving DVD recorder products of a Japanese consumer electronics corporation, Dave handled all technical issues and technical witnesses during the litigation and trial. Following trial, the parties reached a settlement highly favorable to BakerHostetler's client.
  • Dave prepared and prosecuted a family of patents for a high-speed digital printing company, which has been successfully licensed to most of the digital printing industry, and which has also survived several patent litigations without any successful challenge to the validity and scope of the patents.
Representative Patent Litigations
  • In the Matter of Certain Computer Forensic Devices and Products Containing the Same, International Trade Commission, Case No. 337-TA-799. Defended accused infringer, Guidance Software, against patent claims related to computer forensics technologies—finding of no violation after trial.
  • TV Interactive Data Corporation v. Sony Corporation, et al., ND California, Case No. 5:10-cv-00475. Represented the Funai entities against patent claims related to DVD technology (case settled on confidential terms).
  • Patent Harbor, LLC v. Audiovox Corporation, ED Texas, Case No. 6:10-cv-00361. Represented Funai Corp, accused infringer, against patent claims related to DVD scene selection menus (case settled after favorable damages award in jury trial).
  • Huhtamaki, Inc. v. PWP Industries, Inc., SD Ohio, Case No. 1:09-cv-795. Declaratory Judgment action: Represented PWP Industries–patent owner against alleged infringer related to food packaging technology (case settled at trial following jury selection).
  • MyKey Technology, Inc. v. Data Protection Solutions by Arco et al., DC Delaware, Case No. 1:11-cv-00444. Representing Guidance Software, alleged infringer of patents related to computer forensic hardware devices (case ongoing).
  • Newport Corporation v. Lighthouse Photonics Inc., CD California, Case No. 8:12-cv-00719. Representing Newport Corp., patent owner against alleged infringers related to laser technologies (case ongoing).
  • Tesseron, Ltd. v. Punch International NV et al., MD Florida, Case No. 6:10-cv-00909. Representing Tesseron, Ltd. against alleged infringer related to variable data printing technology (case ongoing–stayed pending reexamination).
  • Graywire, LLC v. Ciena, et al., ND Georgia, Case No. 1:08-cv-02993. Representing Palomar Technologies, Inc., alleged infringer, against patent claims related to die bonders (case ongoing—stayed pending reexamination).
  • dunnhumbyUSA, LLC et al. v. emnos USA Corp., ND Illinois, Case No. 1:13-cv-00399. Representing the patent holder, dunnhumby, against a competitor asserting patent claims related to database analysis technologies (case ongoing).
  • Verint Systems Inc., v. CallCopy Inc., D Delaware, 1:13-cv-00562-GMS. Representing alleged infringer, CallCopy, against patent claims related to telecommunications monitoring and recording technologies (case ongoing).
  • McRO, Inc v. CodeMasters USA, et al., D Delaware, 1:13-cv-01017-UNA. Representing alleged infringer, CodeMasters, against patent claims related to animated lip-synchronization and facial expression technologies in video games (case ongoing).
  • Kroger Co. v. Ateb, SD Ohio, Case No. 1:2009-cv-00196. Represented Kroger in dispute over indemnity obligations arising from patent case (case settled on confidential terms).
  • Buztronics v. Lightcubes, SD Indiana, Case No. 1:2008cv01685. Declaratory Judgment action: Represented patent owner against alleged infringer related to consumer LED goods (case settled on confidential terms).
  • Intellectual Property Holdings, LLC et al. v. Wescast (USA) Inc. et al., ND Ohio, Case No. 1:2008-cv-00418. Represented patent owner against alleged infringers related to automotive parts (case settled on confidential terms).
  • Medversant Technologies, LLC v. Morrisey Associates, Inc., CD California Case No. 2:09-cv-05031. Represented patent owner against alleged infringers related to medical practitioner verification software technologies (case settled on confidential terms).
  • Cincinnati Bell Inc. v. Traffic Information LLC, Oregon, Case No. 3:10-cv-01453. Represented Cincinnati Bell, Inc., alleged infringer of patents related to technologies for monitoring traffic information (case settled on confidential terms).
  • EON Corp. IP Holdings, LLC v. T-Mobile USA, Inc. et al., ED Texas, Case No. 6:10-cv-00379. Represented Cincinnati Bell, Inc., alleged infringer against patent claims related to interactive video networks (case settled on confidential terms).
  • Arrivalstar S.A. et al. v. Trailer Bridge, Inc. et al., MD Florida, Case No. 8:09-cv-01307. Represented Transfair North America, alleged infringer, against patent claims related to vehicle status reporting systems (case settled on confidential terms).
  • Arrivalstar S.A. et al. v. Langham Logistics, Inc. et al., SD Indiana, Case No. 1:08-cv-01689. Represented American Transport Exchange, alleged infringer, against patent claims related to vehicle status reporting systems (case settled on confidential terms).
  • Cincinnati Bell, Inc. v. Arrivalstar S.A., SD of Ohio, Case No. 1:11-cv-00274. Declaratory Judgment action: Represented Cincinnati Bell, alleged infringer against patent claims related to vehicle status reporting systems (case settled on confidential terms).
  • GeoTag v. Medicine Shoppe, ED of Texas Case No. 2:11-cv-404. Represented accused infringer against patent claims related to Internet technologies (case settled on confidential terms). 
  • OKI America, Inc. et al. v. Advanced Micro Devices, Inc., ND California Case No. 3:040cv003171. Represented the Oki entities, alleged infringer, against patent claims related to semiconductor technologies (case settled on confidential terms). 
  • International Printer Corp. v. Brother International Corp et al., ED Texas Case No. 2:07-cv-00361. Represented alleged infringer, OKI Data Americas, Inc., against patent claims related to printer monitoring technologies (case settled on confidential terms).
  • Electronics for Imaging v. Tesseron, Ltd., ND California, Case No. 5:2007-cv-05534. Declaratory Judgment action: Represented patent owner against alleged infringer related to high speed variable printing technologies (declaratory judgment case dismissed based on lack of jurisdiction)
  • Tesseron, Ltd. v. Konica Minolta Business Solutions U.S.A., Inc., et al., ND Ohio, Case No. 1:2007-cv-02947 Represented patent owner against alleged infringer related to high speed variable printing technologies (case settled on confidential terms).
  • Tesseron, Ltd. v. R.R. Donnelley & Sons, ND Ohio, Case No. 1:2006-cv-2909. Represented patent owner against alleged infringer related to high speed variable printing technologies (case settled on confidential terms).
  • Tesseron, Ltd. v. Xerox Corporation, ND Ohio, Case No. 1:2004-cv-02164. Represented patent owner against alleged infringer related to high speed variable printing technologies (case settled on confidential terms).
  • Arrivalstar S.A. et al. v. WTS Paradigm, MD Florida, Case No. 1:2012cv23845. Represented WTS Paradigm, alleged infringer, against patent claims related to vehicle status reporting systems (case settled on confidential terms).
  • ISwitch, LLC v. Cincinnati Bell Inc., ED Texas, Case No. 6:12-cv-118. Represented Cincinnati Bell, Inc., accused infringer, against patent claims related to telephone encryption technologies (case settled on confidential terms).
  • Swipe Innovations, LLC v. Elavon, Inc., ED Texas, Case No. 9:12-cv-0040. Represented Vantiv LLC, accused infringer, against patent claims related to technologies that allow secure financial transactions (case settled on confidential terms).

Recognitions

  • Chambers USA: Intellectual Property in Ohio (2012 to present)
  • The Best Lawyers in America© (2010 to present)
    Copyright 2013 by Woodward/White, Inc., of Aiken, SC
    • Cincinnati: Litigation – Patent
      • Best Lawyers® 2013 "Lawyer of the Year"
    • Cincinnati: Patent Law

Memberships

  • Cincinnati Intellectual Property Law Association: Former President and Board Member

Community

  • Sojourner Recovery Group: Board of Directors (2008 to present) 
  • Building Blocks Foundation: Board of Directors (2004 to 2007)

Services

Prior Positions

  • McDonnell Douglas Corporation: Senior Electrical Engineer

Admissions

  • U.S. District Court, Southern District of Indiana
  • U.S. District Court, Northern District of Ohio
  • U.S. Patent and Trademark Office, Registration No. 39,289
  • Ohio

Education

  • J.D., University of Cincinnati College of Law, 1994
  • B.S.E.E., University of Michigan, 1988