When I have an intellectual property need, David is my go-to lawyer. Not only does he know the law, he is genuinely concerned about his clients and incredibly responsive.
Justin M. Hall, Esq., Senior Vice President and General Counsel, NovaBay Pharmaceuticals Inc.

David Tsai is co-head of Pillsbury’s Taiwan practice and also resident in the San Francisco office. David focuses his practice on intellectual property, patent, trade secret, trademark, copyright, complex breach of contract, and product defect litigation in courts and international arbitration tribunals.

David represents world-class corporations innovating biotechnology, pharmaceuticals, medical devices, software (internet and mobile apps), and hardware (semiconductors, set-top boxes, smartphones, solar wafers and light-emitting diodes/LED/OLED).  In addition to litigation, his experience includes preparing and prosecuting U.S. electrical engineering patent applications, drafting patentability, freedom-to-operate and non-infringement opinions, as well as inter partes review (IPR) petitions.  He represents his clients in patent negotiations, licensing and overall intellectual property strategy. David has been quoted in various business and technology publications including The New York Times and has written and lectured internationally on Hatch-Waxman/Abbreviated New Drug Application (ANDA) litigation, standard essential patents, FRAND/RAND royalties, internet software applications, and U.S. patent law. He serves as one of the 18 Lawyer Representatives to the U.S. District Court, Northern District of California.

Representative Experience

Represented a leading semiconductor fabricator in multiple patent lawsuit regarding fabrication technologies; successfully moved to transfer from E.D. Tex. to N.D. Cal., where we prevailed on a motion to dismiss for lack of standing (E.D. Tex.) (N.D. Cal.).


Co-led countersuit brought by a major Taiwanese handset telephone manufacturer against major U.S. computer manufacturer in patent litigation relating to operating systems and mobile handsets (D. Del.).


Defended a major Taiwanese LED producer in a patent infringement action involving LED manufacturing technology (E.D. Tex.).

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  • Defended the world’s largest sporting goods company in a patent infringement action involving patents related to altimeter technology (N.D. Cal.).
  • Defended a Taiwanese motherboard company and its U.S. subsidiary against a major electronics retailer in litigation involving various claims including fraud and breach of contract (Cal. Super. – Santa Clara Cnty.).
  • Defended an employee in California accused of trade secret misappropriation involving semiconductor silicon materials in a two-week arbitration (AAA Arbitration).
  • Defended a Taiwanese motherboard manufacturer in a five-day international arbitration brought by a German computer manufacturer involving product defect claims (AAA/ICDR Arbitration).
  • Patent Litigation
    • Counsel for a leading flash drive manufacturer in defending against a patent concerning USB flash drive technology (N.D. Ga.).
    • Served as counsel for one of the world’s largest connectors manufacturers in litigation involving various claims including breach of contract involving USB 3.0 (N.Y. Sup.).
    • Served as counsel for a major television supplier in patent litigations involving MPEG-2 and ATSC technology (C.D. Cal.).
    • Served as counsel for the world’s largest computer and optical disk drive (ODD) manufacturers in patent litigation involving ODD technology (E.D. Tex.).
    • Served as counsel for the world’s largest disk drive manufacturer in a patent infringement action involving Blu-ray technology (C.D. Cal.).
    • Served as counsel for the largest U.S. software manufacturer in a case alleging infringement of seven patents related to set-top box technology (N.D. Cal.).
    • Served as counsel for the largest Korean semiconductor company in a patent infringement and unfair competition case related to computer memory Dynamic Random Access Memory (DRAM) technology (N.D. Cal.).
    • Served as counsel for internet software companies in a patent infringement action relating to cloud computing data storage technology (E.D. Tex.).
    • Served as counsel for a major U.S. online retailer in declaratory judgment and patent infringement actions involving technology related to electronic catalogue systems (E.D. Tex.) (S.D. Ind.).
    • Served as counsel for a major Japanese printing equipment manufacturer in a patent infringement action involving a patent related to printer/copier technology (E.D. Tex.).
  • Life Sciences
    • Served as counsel for one of the largest U.S. generic pharmaceutical companies in Hatch-Waxman ANDA litigation regarding competing branded oral contraceptive, YAZ® (S.D.N.Y) (D. Nev.).
    • Served as counsel for one of the largest U.S. generic pharmaceutical companies in Hatch-Waxman ANDA litigation regarding competing branded oral contraceptive, Yasmin®; defendants' motion for judgment on the pleadings granted, and plaintiffs' patent infringement claims dismissed with prejudice (S.D.N.Y.).
    • Served as counsel for one of the largest U.S. generic pharmaceutical companies in Hatch-Waxman ANDA litigation regarding competing branded oral contraceptive, SEASONIQUE® (D. Nev.).
    • Served as counsel for a brand name pharmaceutical company in a Hatch-Waxman ANDA patent infringement action arising out of a submission of an ANDA referencing branded product CARDENE® I.V., an intravenous calcium channel blocker for treatment of hypertension (D. N.J.) (E.D. Mich.).
    • Served as counsel for a large U.S. biotechnology company in litigation involving patents directed to human cytomegalovirus (CMV) regulatory sequences (N.D. Cal.).
  • Copyright Litigation
    • Served as counsel for a major U.S. lighting retailer in a copyright infringement action  (N.D. Cal.)
  • Trade Secrets Litigation
    • Served as counsel for one of the world’s largest manufacturers of cable modem routers and its employees in litigation involving various claims including misappropriation of trade secrets related to cable modem technology, breach of contract, and unfair competition (C.D. Cal.).

 

Professional Highlights

Honors and Awards

Selected to the Northern California Super Lawyers list, Super Lawyers, 2013−2018


California API Legislative Caucus Heritage Award (Excellence in Civil Rights), 2016


Minority Corporate Counsel Association, Rising Star, 2015

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  • Honors and Awards (continued)
    • AIDS Legal Referral Panel (ALRP) James C. Hormel Philanthropist Award, 2017
    • The Recorder, "Lawyer on the Fast Track," 2013
    • National Asian Pacific American Bar Association Best Lawyer Under 40 Award, 2013
    • Daily Journal, one of the top “Five Associates To Watch” in California, 2013
    • Inaugural Santa Clara University School of Law Young Alumni "Rising Star Award," 2013
    • Bar Association of San Francisco Barristers Club "Diversity Award," 2012
    • Selected to the Northern California Rising Stars list, Super Lawyers, 2009−2012
    • Santa Clara County Bar Association "Barrister of the Year," 2010
    • Minority Bar Coalition "Rising Star Award," 2009
    • American Bar Association Section of Litigation "Outstanding Subcommittee Chair Award," 2008
  • Recent Presentations

    • Speaker: “Name Brands, Generics, Biologics and Biosimilars: Latest Trends in U.S. Pharmaceutical Patent Law,” Legal seminar titled “The Changing Tides in Global IP Protection” hosted by Pillsbury, the Taiwan Intellectual Property Training Academy and the National Taiwan University College of Law, Center for Law, Technology and Ethics, Taipei City, Taiwan, June 2018
  • Associations
    • Asian American Bar Association, President, 2018−2019; Vice President/President-Elect, 2017−2018; Secretary, 2015−2016; Board of Directors, 2012−2015
    • Asian Americans Advancing Justice | Asian Law Caucus, Board of Directors, 2016present
    • AIDS Legal Referral Panel (ALRP), Board of Directors, 2007−2014
    • Asian Law Alliance, Advisory Board, 2016−present
    • Bar Association of San Francisco (BASF), Board of Directors, 2010−2011, 2016present
    • BASF Barristers Club, Board of Directors, 2009−2011; Diversity Director, 2009−2010
    • BASF Justice & Diversity Center (JDC), Board of Directors, 2013−2015
    • Bay Area Lawyers for Individual Freedom (BALIF), Board of Directors, Co-Chair, 2010−2012; Treasurer, 2008−2010
    • BALIF Foundation, Board of Directors, Chair, 2015−2016
    • EQCA, Board of Directors, 2014−present
    • Lambda Legal, Board of Directors, 2015−present
    • Lawyer Representative to the Ninth Circuit Judicial Council, 2016−present
    • Minority Bar Coalition, Co-Chair, 2009−2010
    • Phillips Exeter Academy, Alumnus Admission Representative, 1997−present
    • Santa Clara County Bar Association, Board of Trustees, 2007−2009
    • Santa Clara University School of Law, Law Alumni Board of Directors, 2009−2015
    • Santa Clara University School of Law, Law Advisory Board of Directors, 2017−present
    • Silicon Valley Intellectual Property Law Association (SVIPLA), Board of Directors, 2008−2016, Past President
    • State Bar of California's Legal Services Trust Fund Commission, Commissioner, 2014−2017
    • Taiwanese American Lawyers Association (TALA), Board of Directors, 2017−present
    • William A. Ingram Chapter (American Inns of Court), Executive Committee, 2012−present, Treasurer, 2015−2016
    • University of California, Riverside (UCR), Foundation Board of Trustees, 2015−present

Education

  • J.D., Santa Clara University School of Law

    M.S., Stanford University

    A.B., Harvard University

Admissions

  • California

Courts

  • U.S. District Court of Appeals for the Federal Circuit

    U.S. Court of Appeals for the Ninth Circuit

    U.S. District Court for the Central, Eastern, Northern and Southern Districts of California

    U.S. District Court for the Eastern District of Texas

    Registered Foreign Attorney in Taiwan (Member of Taipei Bar Association)

Languages

  • Chinese (Mandarin)

    Taiwanese