David A. Mancino

Partner

Cincinnati
T 513.929.3495  |  F 513.929.0303

"[Dave is] outstanding; knows my company, knows how I like to work and is an expert in his field."

— Chambers USA 2014

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 BakerHostetler’s Cincinnati office. 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/noninfringement 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 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 that 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. 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. Crafted agreements that have endured throughout the companies' highly successful joint venture, thanks to his understanding of the issues and technologies involved.
  • In a patent litigation trial in the Eastern District of Texas involving the DVD recorder products of a Japanese consumer electronics corporation, handled all technical issues and technical witnesses during the litigation and trial. Following trial, the parties reached a settlement highly favorable to the 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 has survived several patent litigations without any successful challenge to validity and scope.
More »

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. 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. Crafted agreements that have endured throughout the companies' highly successful joint venture, thanks to his understanding of the issues and technologies involved.
  • In a patent litigation trial in the Eastern District of Texas involving the DVD recorder products of a Japanese consumer electronics corporation, handled all technical issues and technical witnesses during the litigation and trial. Following trial, the parties reached a settlement highly favorable to the 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 has survived several patent litigations without any successful challenge to validity and scope.
Representative Patent Litigation
  • Defended accused infringer Guidance Software against patent claims related to computer forensics technologies, resulting in a finding of no violation after trial. In the Matter of Certain Computer Forensic Devices and Products Containing the Same, International Trade Commission, Case No. 337-TA-799. 
  • Represented Funai entities against patent claims related to DVD technology (case settled on confidential terms). TV Interactive Data Corp. v. Sony Corp., et al. ND California, Case No. 5:10-cv-00475. 
  • Represented Funai Corp., accused infringer, against patent claims related to DVD scene selection menus (case settled after favorable damages award in jury trial). Patent Harbor, LLC v. Audiovox Corporation, ED Texas, Case No. 6:10-cv-00361.
  • In declaratory judgment action, represented patent owner PWP Industries against alleged infringer related to food packaging technology (case settled at trial following jury selection). Huhtamaki, Inc. v. PWP Industries, Inc., SD Ohio, Case No. 1:09-cv-795.
  • Represents Guidance Software, alleged infringer of patents, related to computer forensic hardware devices. MyKey Technology, Inc. v. Data Protection Solutions by Arco et al., DC Delaware, Case No. 1:11-cv-00444. 
  • Represents Newport Corp., patent owner, against alleged infringers related to laser technologies. Newport Corporation v. Lighthouse Photonics Inc., CD California, Case No. 8:12-cv-00719. 
  • Represents Tesseron, Ltd. against alleged infringer related to variable data printing technology (stayed pending reexamination). Tesseron, Ltd. v. Punch International NV et al., MD Florida, Case No. 6:10-cv-00909. 
  • Represents Palomar Technologies, Inc., alleged infringer, against patent claims related to die bonders (stayed pending reexamination)Graywire, LLC v. Ciena, et al., ND Georgia, Case No. 1:08-cv-02993. 
  • Represents patent holder dunnhumby against a competitor asserting patent claims related to database analysis technologies. dunnhumbyUSA, LLC et al. v. emnos USA Corp., ND Illinois, Case No. 1:13-cv-00399.
  • Represents alleged infringer, CallCopy, against patent claims related to telecommunications monitoring and recording technologiesVerint Systems Inc., v. CallCopy Inc., D Delaware, 1:13-cv-00562-GMS. 
  • Represents alleged infringer CodeMasters against patent claims related to animated lip-synchronization and facial expression technologies in video gamesMcRO, Inc v. CodeMasters USA, et al., D Delaware, 1:13-cv-01017-UNA.
  • Represented Kroger in dispute over indemnity obligations arising from patent case (case settled on confidential terms). Kroger Co. v. Ateb, SD Ohio, Case No. 1:2009-cv-00196.
  • In declaratory judgment action, represented patent owner against alleged infringer related to consumer LED goods (case settled on confidential terms)Buztronics v. Lightcubes, SD Indiana, Case No. 1:2008cv01685.
  • Represented patent owner against alleged infringers related to automotive parts (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 medical practitioner verification software technologies (case settled on confidential terms). Medversant Technologies, LLC v. Morrisey Associates, Inc., CD California Case No. 2:09-cv-05031. 
  • Represented Cincinnati Bell, Inc., alleged infringer of patents related to technologies for monitoring traffic information (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 against patent claims related to interactive video networks (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 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. Trailer Bridge, Inc. et al., MD Florida, Case No. 8:09-cv-01307. 
  • Represented American Transport Exchange, 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. 
  • In a declaratory judgment action, represented Cincinnati Bell, 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. 
  • Represented accused infringer against patent claims related to Internet technologies (case settled on confidential terms). GeoTag v. Medicine Shoppe, ED of Texas Case No. 2:11-cv-404.  
  • Represented the Oki entities, alleged infringer, against patent claims related to semiconductor technologies (case settled on confidential terms). OKI America, Inc. et al. v. Advanced Micro Devices, Inc., ND California Case No. 3:040cv003171. 
  • Represented alleged infringer, OKI Data Americas, Inc., against patent claims related to printer monitoring technologies (case settled on confidential terms). International Printer Corp. v. Brother International Corp et al., ED Texas Case No. 2:07-cv-00361. 
  • In a declaratory judgment action, represented patent owner against alleged infringer related to high-speed variable printing technologies (case dismissed based on lack of jurisdiction)Electronics for Imaging v. Tesseron, Ltd., ND California, Case No. 5:2007-cv-05534. 
  • Represented patent owner against alleged infringer related to high-speed variable printing technologies (case settled on confidential terms). 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 WTS Paradigm, alleged infringer, against patent claims related to vehicle status reporting systems (case settled on confidential terms). Arrivalstar S.A. et al. v. WTS Paradigm, MD Florida, Case No. 1:2012cv23845. 
  • Represented Cincinnati Bell, Inc., accused infringer, against patent claims related to telephone encryption technologies (case settled on confidential terms). ISwitch, LLC v. Cincinnati Bell Inc., ED Texas, Case No. 6:12-cv-118. 
  • Represented Vantiv LLC, accused infringer, against patent claims related to technologies that allow secure financial transactions (case settled on confidential terms). Swipe Innovations, LLC v. Elavon, Inc., ED Texas, Case No. 9:12-cv-0040. 

Recognitions

  • Chambers USA: Intellectual Property in Ohio (2012 to 2016)
  • The Best Lawyers in America©
    • Cincinnati: Litigation – Intellectual Property (2015 to 2017)
    • Cincinnati: Litigation – Patent (2010 to 2017)
      • Best Lawyers® 2013 "Lawyer of the Year"
    • Cincinnati: Patent Law (2010 to 2017)

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

Industries

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. District Court, Eastern District of Michigan
  • 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