Richard F. Cauley
2570 West El Camino Real
Suite 440
Mountain View, California 94040
Phone:
650-209-1230
Fax:
650-209-1231
E-mail:
Email Me
Web site:
http://www.whgcimmigration.com
http://www.whglawfirm.com
Richard F. Cauley
(1955-2011)
Although Richard F. Cauley is recently deceased, his memory still remains with us as one of our most respected and celebrated senior attorneys. Mr. Cauley was an experienced trial attorney, who specialized in complex intellectual property and antitrust matters and had a particular expertise in matters that required economic and financial analysis. In particular, Mr. Cauley's experience and knowledge in patent damages was well-known in the legal field and he was frequently asked to speak at related engagement and seminars.
Mr. Cauley had over 20 years of trial experience in complex intellectual property and antitrust matters, with a particular expertise in matters that required economic and financial analysis. He was successful representing clients in the semiconductor, computer and disk drive industries and prevailed in numerous important cases for major industrial clients throughout the U.S.
Mr. Cauley received recognition for his litigation skill in patent litigation and has been mentioned in numerous magazines and newspapers including the European Regulatory Affairs News and Intellectual Property Today. He also authored, Defending Your Turf: A Battle Plan for Strategic Patent Development, a guide for attorneys in strategic patent enforcement.
Mr. Cauley was also involved in many speaking engagements and seminars on the subject he was most passionate about: patent damages.
His recent book, the 2nd edition of Winning the Patent Damages Case, A Litigator’s Guide to Economic Models and Other Damages Strategies, published by Oxford University Press, made its debut in March 2011 subsequent to the first edition, which garnered considerable recognition and was cited in the landmark 2008 patent infringement case Lucent Technologies v. Gateway as well as in the March 2011 report by the Federal Trade Commission, “The Evolving IP Marketplace: Aligning Patent Notice and Remedies With Competition.”
- Current Employment Position(s):
- Past Partner and USPTO Registered Patent Attorney/Litigation Practice Group
- Areas of Practice:
- Intellectual Property Litigation
- Complex Business Litigation
- Patent Law
- Trademark Law
- Copyright Law
- Education:
- University of Michigan Law School at Ann Arbor, Ann Arbor, Michigan,
1981
J.D. - Haverford College,
1976
B.A.
Major: English
- Published Works:
- Winning the Patent Damages Case: A Litigator's Guide to Economic Models and Other Damages Strategies, 2nd Edition, Oxford University Press, March, 2011
- Taking Control Of The Patent Damages Debate, Law360, September, 2009
- Winning the Patent Damages Case: A Litigator's Guide to Economic Models and Other Damage Strategies, Oxford University Press, November, 2008
- Defunding The Trolls: Attacking The Damages Claim, IPLaw360, March, 2008
- 10 Mistakes That Drive Litigators Crazy, IPLaw360, September, 2007
- Maximizing The Return On Your Patent Portfolio, IPLaw360, September, 2007
- Festo XIII: Hidden Dangers for Patent Licensees?, IPLaw360, July, 2007
- Making Patent Litigants Toe The Line On Damages, IPLaw360, April, 2007
- An Economic Battle Plan for Patent Litigation, IPLaw360, March, 2007
- Patent Damages In A World Without Injunctions: Enter The Economists, IPLaw360, October, 2006
- Defending Your Turf: A Battle Plan for Strategic Patent Development, European Regulatory Affairs News, January, 2004
- California Antitrust Law, (Co-Author), 1991
- Representative Cases:
- Lead counsel for servomotor manufacturer in patent infringement action against competitor. Obtained JMOL of infringement after a three-week jury trial and an injunction against defendant's entire product line. Later obtained summary judgment ruling holding executives of defendant company and affiliated company and its executives responsible for judgment. Judgment of infringement upheld by Federal Circuit.
- Represented intellectual property holding company as defendant in licensing dispute regarding gene therapy patents involving allegations of inequitable conduct. Matter settled after mediation with no payment by client.
- Represented software manufacturer in contract dispute with shareholders of acquired corporation over profits from CD ripping technology. Case settled immediately before trial on terms very favorable to client.
- Represented computer mouse manufacturer in patent infringement action. Matter settled favorably to client immediately before trial.
- Represented disk drive manufacturer and semiconductor manufacturer in products liability case involving contaminated semiconductor mold compound.
- Represented medical device manufacturer in trade secret/antitrust action involving catheter technology.
- Represented patent holder in patent infringement action against snowmobile manufacturer and its engine manufacturer regarding innovative electronic fuel injection technology.
- Represented semiconductor manufacturer in action arising under the Semiconductor Chip Protection Act.
- Represented software modem manufacturer in antitrust/patent infringement matter involving allegations of misconduct in modem standard setting.
- Represented semiconductor manufacturers in patent infringement actions.
- Represented manufacturer of fiberglass highway delineators in trade dress/fraudulent patent mis-marking action. Jury returned defense verdict after only 40 minutes of deliberation.
- Represented beverage manufacturer in trade dress infringement action. Plaintiff dropped case after client defeated preliminary injunction motion.
- Represented software manufacturer in negotiation of licensing agreements and semiconductor manufacturer in negotiation of joint venture agreement.
- Represented pesticide manufacturer in 10-week Superfund trial.
- Represented St. Louis Convention and Visitors Bureau in antitrust action against National Football League.
- Represented firearm and ammunition manufacturer in products liability actions.
- Obtained defense verdict in bench trial of product liability case.
- Jury trials in trade secret case involving disk duplication software and accountant's malpractice.
- Represented semiconductor manufacturers in patent infringement and trade secret misappropriation cases.
- Represented a Taiwan-based, publicly-traded DRAM manufacturer in a case pending in the Eastern District of Texas involving a patent on semiconductor packing technology.
- Represented a Torrance, California-based world-leading business machine manufacturer in a complex patent litigation case involving proximity sensor technology and mechanical switching technology in the Northern District of Illinois.
- Represented an Oxnard, California-based world leading manufacturer, distributor and marketer of photographic and optical equipment in the American Arbitration Association involving a license agreement with Flashpoint for patents for user-friendly features for digital cameras. We obtained dismissal of all claims on over half of the accused cameras.
- Represented a Los Angeles, California-based major engine and transmission components distributor in trade dress action with Honda, in the Northern District of Mississippi involving small engines used in portable generators. We obtained a favorable settlement after trial on the merits.
- Represented a Taiwan-based owner of USB-VGTA converter technology in a patent infringement action against DisplayLink pending in the Northern District of California.
- Represented a San Diego, California-based publicly-traded company and Asia manufacturers in the field of storage router technology in a patent litigation case with Crossroads Technology involving fiber channel (FC), small computer system interface (SCSI), digital security and Ethernet technology in the Western District of Texas.
- Represented a world-leading wireless telecommunications company, publicly-traded in the U.S., in a complex patent litigation case with Datascape, involved in Subscriber Identity Module (SIM) technology in the Northern District of Carolina and Northern District of Georgia.
- Represented Irvine, California and San Jose, California-based providers of mobile wireless products and networking solutions, in patent litigation involving 802.11b and 802.11g wireless modems in the U.S. International Trade Commission. We successfully persuaded our client’s vendor to indemnify our clients completely for all costs, including licensing fees and defense costs.
- Represented a leading digital camera retailer based in Torrance, California in a complex multi-patent litigation matter involving hypertext markup language (HTML) file creation and internet access, integration of user-interfaces across multiple operating modes and information overlay on digital imaging in the Delaware District Court.
- Represented China-based lighting and capacitor manufacturers and Singapore-based public company in litigation in Los Angeles Superior Court in litigation involving alleged breach of exclusive distribution agreement. We obtained dismissal of the case against the Singaporean company and obtained judgment on fraud counterclaim at trial.
- Classes/Seminars Taught:
- Patent Damages After Lucent v. Gateway and Cornell v. HP: Strategies for Establishing or Disproving Infringement Damages, http://www.straffordpub.com/products/TLU7BA, Strafford Publications, February 3, 2010
