David Eiseman founded Quinn Emanuel’s first Northern California office in 1997, and is the Co-Managing Partner of the firm’s San Francisco office. David’s practice focuses on intellectual property litigation in the federal courts and the ITC. David has represented clients in a wide array of patent, copyright, and trademark infringement matters, as well as patent licensing, trade secret misappropriation, and unfair competition litigation. In addition to litigation, David regularly counsels clients regarding intellectual property issues.
Since joining Quinn Emanuel, David has litigated a substantial number of patent cases in the federal courts and the ITC, including cases for Barnes & Noble, Johnson & Johnson, Charter Communications, and Metaswitch. David has tried patent cases to verdict successfully in the wireless communications, semiconductor, biotechnology, and pharmaceutical fields. David has also resolved patent cases successfully prior to trial by way of summary judgment or by way of settlement following favorable claim construction rulings or other pretrial proceedings in the computer software, medical device, semiconductor, information technology, and biotechnology fields.
Barnes & Noble
Johnson & Johnson
Time Warner Cable
- Represented Barnes & Noble in patent infringement case in which patent holder alleged that Barnes & Noble’s NOOK eReader products infringed two patents related to methods for syncing information between two or more devices in a network. Barnes & Noble obtained summary judgment of non-infringement as to both asserted patents. On appeal, the Federal Circuit affirmed the grant of summary judgment.
- Represented Time Warner Cable in a patent infringement case in which patent holder alleged that Time Warner Cable infringed a patent relating to video-on-demand technology. On summary judgment, Time Warner Cable invalidated the asserted patent under Section 101. The Federal Circuit affirmed the grant of summary judgment on appeal.
- Represented Waymo in trade secret misappropriation case involving autonomous vehicle technology. Waymo obtained a preliminary injunction and other provisional relief prior to trial. The case settled on the fourth day of trial pursuant to a confidential settlement agreement.
- Represented Barnes & Noble in ITC proceeding in which patent holder alleged that Barnes & Noble’s NOOK eReader products infringed patent directed to the manner in which hardware components on microprocessor are clocked. After a seven-day trial, the ALJ issued his initial determination finding that Barnes & Noble’s accused products did not infringe and that Barnes & Noble had not violated Section 337. The Commission subsequently affirmed the ALJ’s claim constructions and non-infringement findings and, therefore, terminated the investigation.
- Represented Johnson & Johnson subsidiary Ortho-McNeil in a patent inventorship dispute relating to new biological drugs for the production of red blood cells. The dispute included lawsuits in Germany and the United States and culminated in a major multi-year arbitration. After 34 days of testimony, the arbitration panel ruled in favor of Ortho-McNeil.
- Represented Barnes & Noble in ITC proceeding in which patent holder alleged that Barnes & Noble’s NOOK eReader products infringed patents relating to browser, user interface, and reader software technology. After a four-day trial, the case settled on favorable terms.
- Represented Metaswitch in trade secret misappropriation case involving voice over internet protocol (VOIP) technology. Metaswitch obtained dismissal of case on subject matter jurisdiction grounds.
- Represented Johnson & Johnson subsidiary ALZA in a patent inventorship dispute in which two individuals claimed that they were the inventors of an ALZA patent covering liposomes used for the targeted delivery of pharmaceuticals. After a one-week bench trial, the district court rejected the claim of inventorship and entered judgment in favor of ALZA. Represented Johnson & Johnson subsidiary Ortho-McNeil in a AAA arbitration proceeding involving patent inventorship dispute relating to new biological drugs for the production of red blood cells. The dispute included lawsuits in Germany and the United States and culminated in a major multi-year arbitration. After 34 days of testimony, the arbitration panel ruled in favor of Ortho-McNeil.
- Represented Varian in trade secret misappropriation case involving semiconductor fabrication equipment. After preliminary motion practice, the case settled on favorable terms.
- University of California, Hastings College of the Law
(J.D., magna cum laude, 1984)
- Order of the Coif
- Thurston Society
- Hastings Constitutional Law Quarterly:
- Senior Articles Editor, 1983-84
- Senior Articles Editor, 1983-84
- Brown University
- Law Clerk to the Hon. Charles A. Legge, United States District Judge:
- Northern District of California, 1984-1985
- Listed in Best Lawyers in America for Commercial Litigation (2013-2021)
- Selected as a SuperLawyer (2004-2019)
- Member, American Intellectual Property Law Association
- Member, American Bar Association Section of Intellectual Property Law
- Member, The State Bar of California:
- Intellectual Property Litigation Section