Procopio, Cory, Hargreaves & Savitch LLPPartner

Anthony J. Dain

About Anthony J. Dain

Anthony J. Dain is a lawyer practicing asia-pacific cross-border, complex commercial litigation, finance, restructuring and bankruptcy and 4 other areas of law. Anthony received a B.S. degree from University of California, San Diego in 1976, and has been licensed for 45 years. Anthony practices at Procopio, Cory, Hargreaves & Savitch LLP in San Diego, CA.

Awards

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Services

Areas of Law

  • Other 7
    • Asia-Pacific Cross-Border
    • Complex Commercial Litigation
    • Finance, Restructuring and Bankruptcy
    • Litigation, Intellectual Property
    • Privacy and Cybersecurity
    • White Collar Criminal Defense
    • Appeals

Practice Details

  • Firm Information
    Position
    Partner
    Firm Name
    Procopio, Cory, Hargreaves & Savitch LLP
  • Representative Cases & Transactions
    Cases
    Representative Matters: Obtained patent infringement verdict of 13.5M, after a three week jury trial in the Central District of California, involving polyimide film used in the flexible printed circuit boards of mobile phones.
    Obtained 2.2M verdict, after five day jury trial in the Central District of California, with findings of breach of fiduciary duty
    conversion against the former CEO of a plastics recycling company.
    Obtained high seven-figure patent infringement settlement on the eve of trial in Delaware District Court for the company of the inventor of a groundbreaking all-optical switch for data transmission.
    Obtained mid seven figure verdict in first phase of multi-phase, consolidated trial, representing ambulatory surgical centers against several insurance coverers. After 17 day trial,
    Defendants writ to the Court of Appeal the Appellate Court issued a published decision affirming the lower courts findings
    judgment.
    Obtained patent infringement verdict of 5.5M, plus 10% royalty on behalf of manufacturer of polymer fibers, against importer
    distributor of infringing products. After a two week jury trial in the Northern District of Texas, the jury returned a verdict finding the patents infringed
    valid
    rejecting defendants' claims of unenforceability.
    Obtained 2.9M judgment for distributor of automobile after-market products, after 4 week trial
    appeal in trademark, false advertising
    false patent marking case.
    Obtained 1.73M toxic tort verdict after 5 week jury trial. Plaintiffs, owners of a family business, were exposed to pathogens in treated sewage water after defendants' water district
    contractors misconnected an irrigation line to a tap water line.
    Represented Federal Regulator in Director
    Officer investigation of failed financial institution, negotiating settlement of 7.9M.
    Defended ice delivery company in patent infringement preliminary injunction in Arizona District Court. In this bet the company evidentiary hearing, the trial court construed the claims
    found the company's machine did not infringe the patent.
    Obtained jury verdict on behalf of plaintiff in malicious prosecution lawsuit after two week trial in Malibu, CA.
    Defended wireless telephone carrier in Eastern District of Virginia ( rocket docket ). Plaintiff was requesting 170M for alleged infringement of wireless modem adaptors. After three week jury trial, jury rendered verdict of non-infringement
    invalidity of the patent.
    Represented floor cleaning equipment manufacturer in defense of two week patent jury trial in Southern District of California. Patent claims currently rejected by USPTO following reexamination.
    Obtained judgment of acquittal in jury trial on criminal charges brought against German exporter.
    Obtained defense jury verdict on behalf of CPR Savers
    First Aid Supplies in suit brought by Express Companies, Inc., alleging theft of trade secrets
    interference with Express' contract with Yahoo.
    Defended a tribal development corporation in jury trial in Atlanta, GA, involving allegations of breach of contract.
    Obtained 1.38M jury verdict on behalf of the historic US Grant Hotel against its former operator
    also obtained verdict for US Grant Hotel against the cross-complaint of operator seeking 5M for breach of contract.
    Multi-million dollar recovery for receiver of failed financial institutions against officers
    directors, as well as banker's bond
    directors
    officers insurance carriers, for wrongful acts committed in commercial
    multi-family residential lending.
    Defended vacuum equipment manufacturer in complex trade secret litigation in California Southern District Court. Case settled favorably on first day of trial, following successful rulings on in-limine motions.
    Represented bank executives in criminal
    civil case, obtaining published decisions in both California Court of Appeals
    Supreme Court on novel state
    federal constitutional issues.
    Represented two energy utilities in Nox emission patent litigation in the Southern District of California obtaining damages
    royalties in excess of 1M
    a royalty free license to use more than 60 US
    foreign patents.
    Defended an institutional lender in CERCLA litigation using the Asset Conservation, Lender Liability
    Deposit Insurance Protection Act.
    Defended Jan San Company in patent infringement law suit brought by industry leader. Following successful invalidation of the patent, obtained confidential settlement in counterclaim for anti-trust violation.
    Defended a public utility in solar energy patent litigation in the District Court of Arizona
    the Central District of California - plaintiff claimed more than 2.5B in worldwide damages.
    Represented a patent holder
    its exclusive licensee in a jury trial in the Central District of California obtaining damages
    a permanent injunction against the infringer - the infringer settled, post judgment, agreeing to pay several million dollars in past damages
    future royalties.
    Obtained a defense verdict for a biotech company in trade dress
    unfair competition litigation in the Central District of California, involving the distribution of horizontal electrophoresis devices.
    Obtained a multi-million dollar settlement for an internet company involving issues of trademark
    copyright infringement.

Experience

  • Bar Admission & Memberships
    Admissions
    1981, California
    Federal District Court of Arizona
    Ninth and Federal Circuit Courts of Appeal
    Supreme Court of the United States
    registered to practice before U.S. Patent and Trademark Office
    Memberships

    Community

    •California State Bar Association - Appellate Court Committee
    •Salute to Teachers, 2017-2018

  • Education & Certifications
    Law School
    University of San Diego Law School
    Class of 1981
    J.D.
    Other Education
    University of California, San Diego
    Class of 1976
    B.S.
    Biology

Anthony J. Dain

Partner at Procopio, Cory, Hargreaves & Savitch LLP
Not yet reviewed

525 B Street, Suite 2200San Diego, CA 92101U.S.A.

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