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Biography
David A. Nelson specializes in patent infringement litigation. He has a degree in Electrical Engineering from Stanford University and has applied his technical training to patent litigation matters involving such technologies as computer systems architecture, enterprise software, microprocessor design, semiconductor fabrication, Internet infrastructure, telecommunications, computer networking and computer graphics. He has handled over 50 patent litigation matters, has tried at least a dozen jury cases and has argued over 25 Markman hearings. He has handled matters for Symantec, Oracle, Google, AOL, Alcatel-Lucent, Broadcom, Conexant, SGI, CareerBuilder, Gap, Inc., MIPS Technologies, Lucent Technologies, Veritas Software, Cray Research, Pyrotek Inc., Owens-Illinois and nCUBE, among others. Over the past several years, Mr. Nelson has handled numerous patent actions in the Eastern District of Texas, the District of Delaware, the Northern District of California and the International Trade Commission.
Representative Clients
Symantec
Oracle
Google
Alcatel-Lucent
CareerBuilder
Gap, Inc.
Broadcom
AOL
MIPS Technologies
Conexant
Silicon Graphics
Lucent Technologies
Veritas Software
Cray Research
Pyrotek Inc.
Owens-Illinois
nCUBE
Notable Representations
Successful defense of a respondent in an ITC action against Microsoft alleging infringement of 4 patents involving unified communication systems. After trial, the Commission found none of the patents infringed.
Trial victory on a video server architecture patent. The jury found his client’s patent valid and infringed and awarded a 7% royalty on the accused systems.
Summary judgment of invalidity in the Eastern District of Texas of a patent concerning third generation wireless communication protocols. Argued the appeal and the summary judgment was affirmed by the Federal Circuit.
Hired to handle appeal by a patent holder after summary judgment of noninfringement was entered in the District Court. Argued the appeal and secured a reversal of the summary judgment and a successful resolution after remand.
Summary judgment of noninfringement in Texas action involving two patents concerning RAID storage systems architecture and storage area networks.
Represented a subsidiary of Symantec against Microsoft in a case involving claims of trade secret misappropriation, patent infringement, copyright infringement, and contract breach concerning the Windows operating system and other related technologies in the Western District of Washington. Summary judgment of invalidity and noninfringement concerning the asserted Microsoft patent was granted.
Represented AOL in the Northern District of Illinois in a patent action concerning AOL Instant Messenger. Summary Judgment of noninfringement was granted.
Represented Lucent in a patent case in the Eastern District of Texas involving a patent claim concerning 3G wireless network access protocols. Summary judgment of invalidity for all asserted claims granted, which was upheld by the Federal Circuit on appeal.
Represented Veritas in the Northern District of Texas in an action concerning storage systems architectures. Obtained summary judgment of noninfringement of all asserted patents.
Represented Owens-Illinois in a design patent and trade dress action. Summary judgment on all claims was granted in favor of Owens-Illinois and decision was affirmed by the Federal Circuit on appeal.
Represented Lucent in a patent case brought by Telcordia in the District of Delaware involving several patents related to telecommunications infrastructure. Also represented Lucent against Telcordia in a related International Trade Commission investigation. Summary judgment of nonifringement on a majority of the claims was secured.
Represented Oracle in a patent case in the Eastern District of Texas related to automated negotiations software.
Represented AOL in a matter in Delaware concerning DSL systems. Summary judgment on the main claims was obtained.
Represented Silicon Graphics and Cray Research in a case involving several patents concerning supercomputer architectures. Summary judgment on nearly all claims was secured.
Represented Broadcom in an eleven patent case against STMicroelectronics in the Eastern District of Texas. Patents covered a wide range of technology areas including wireless communications, dual port memory, electrostatic discharge protection, power management and semiconductor manufacturing process.
Represented the Gap in an action in the Eastern District of Texas concerning Gap’s Internet commerce website.
Represented Pyrotek in the Northern District of Ohio. Successfully defeated a preliminary injunction claim after an evidentiary hearing.
Represented Conexant in the Northern District of California in a patent action concerning V.90 voiceband modems
Represented Veritas in a patent infringement litigation brought by Raytheon against vendors of data backup software and equipment in the Eastern District of Texas.
Represented Conexant in the Eastern District of Texas in a case concerning V.92 voiceband modems.
Represented J.C. Carter in the Court of Federal Claims in a matter concerning fighter jet fueling technology. Obtained summary judgment of noinfringement.
Represented Owens-Illinois in the Northern District of Texas in a case involving manufacturing techniques for plastic containers. Obtained summary judgment of noninfringement, which was affirmed by the Federal Circuit on appeal.