David Tseng

David Tseng - Folio Law Group

David Tseng

Senior Counsel

Dave helps his clients resolve complex intellectual property disputes. He is a registered patent attorney who specializes in litigation, portfolio building, and counseling. For over a decade, Dave has represented clients in venues such as the Federal District Courts in Delaware, Texas, Washington, and California as well as the Federal Circuit and the International Trade Commission.

Dave’s cases involve a variety of technologies, such as distributed antenna systems, liquid crystal displays, networking functionality of consumer devices, flash memory, web-based video games, nutritional supplement manufacturing, therapeutic mechanical devices, telecommunications standards (3G/UMTS), mobile handset functionality, online health monitoring systems, plastic molding techniques, internet lead generation, and audio/video encoding circuits. Dave has also litigated cases involving copyright and trademark infringement.

Dave is a frequent writer and presenter on IP topics. He is an Executive Committee Member of the IP Section of the California Lawyers’ Association. His pro bono matters include helping local startups and entrepreneurs with IP issues as in addition to petitioning for the unsealing of secret governmental surveillance dockets on behalf of The Stranger, a prize-winning publication, and the Electronic Frontier Foundation.

Publications:

  • Columnist on International IP Issues for New Matter, the California Lawyers’ Association quarterly magazine on IP Issues
  • Not All Patents Are Created Equal: Bias Against Predictable Arts Patents in the Post-KSR Landscape, 13 Chi.-Kent J. Intell. Prop. 165
  • Bypassed: The Kirtsaeng Decision’s Underwhelming Impact on Exhaustion, AIPLA Quarterly Journal, Vol. 43 No. 4

Representative Cases:

  • Dave was part of a trial team that represented an innovative startup in a bet-the-company patent litigation brought by the dominant incumbent. The team secured a multi-million dollar jury verdict on counterclaims brought by their client.
  • Dave defended a well-known Japanese consumer electronics company in a NPE litigation directed to the networking capability of consumer devices before the ITC and E. D. Va. The complaints for both cases were voluntarily withdrawn.
  • Dave defended the same Japanese company in an eleven-patent case before the District of Delaware relating to various aspects of LCD panels. Case concluded through a combination of IPR practice, summary judgment, and voluntarily withdrawal of claims. Federal Circuit affirmed dismissal on appeal.
  • Dave represented defendant apparel-maker in a copyright infringement case involving the purported use of Pokémon designs. Case settled after mediation.
  • Dave represented defendant game-maker in a patent, copyright, and trademark case related to the card game Magic: The Gathering. Case settled during discovery.
  • Dave was second-chair at trial representing complainant in an ITC investigation regarding the patented process for manufacturing a nutritional supplement. The ALJ found the asserted patent to be non-infringed but valid.

Admissions:

  • State Bar of California
  • State Bar of Washington
  • Registered Patent Attorney with the U.S. Patent and Trademark Office
  • Eastern District of Texas
  • Northern District of California
  • Central District of California
  • Western District of Washington
  • Federal Circuit

Education:

  • LLM in Intellectual Property – University of Washington
  • JD – Rutgers, the State University of New Jersey
  • BSE in Computer Engineering – University of Michigan