Attorney Profile

Anthony J. Dain

Anthony Dain

Procopio, Cory, Hargreaves & Savitch LLP
525 B Street, Suite 2200
San Diego, CA 92101

San Diego

California (CA)

Contact Contact Anthony J. Dain
T: 619-238-1900
F: 619-235-0398

Visit: www.procopio.com
Practice Areas: Intellectual Property Litigation (70%), Business Litigation (30%), Banking

Intellectual Property Litigation

Business Litigation

Banking

Profile

Anthony J. Dain heads the Intellectual Property Litigation Group at Procopio, Cory, Hargreaves & Savitch LLP in San Diego. He is a patent attorney licensed with the United States Patent and Trademark Office and is certified by the California State Bar as an Appellate Specialist. Mr. Dain has tried more than 80 state and federal cases to jury, and has 14 published Court of Appeal and Supreme Court cases. Mr. Dain has represented Fortune 500 companies, utilities, financial institutions, governmental agencies, tribal governments, and individuals in areas spanning intellectual property, regulatory, environmental, business, and white collar criminal law. Several of his cases have been covered by national news media, and a recent trial was featured on Court TV. 

Selected To

San Diego Super Lawyers 2011
San Diego Super Lawyers 2010
San Diego Super Lawyers 2009
San Diego Super Lawyers 2008

About Anthony Dain

Admitted: 1981, California

Professional Webpage: www.procopio.com/attorneys/anthony_dain.htm

Special Licenses/Certifications:

  • Certified by the California State Bar as an Appellate Specialist

Bar/Professional Activity:

  • Member of the California State Bar Committee on Appellate Courts, 2011

Scholarly Lectures and Writings:

  • • "Patent trolls: Beware of licensing and patent complications", SmartBusiness San Diego, October 2006
  • • Feature speaker for the San Diego County Bar Association, the American Corporate Counsel Association and the California Computer Expo

Verdicts and Settlements:

  • September 2011, obtained finding of factual innocence for business owner after dismissal of criminal charges during jury trial; August 2011, obtained $585,000 jury verdict for family exposed to pathogens in recycled water, following settlement by two defendants during trial; July 2011, obtained multiple seven figure settlement for federal regulatory agency against directors and officers of failed bank. June 2011, succefully defended Native American tribal development company against hotel management company, obtaining dismissal of action based on principles of sovereign immunity.  May 2011, obtained $1,150,000 toxic tort jury verdict following three week trial, for small business owners exposed to e-coli bacteria following negligent connection of recycled water to tap water. June 2010, successfully 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 and found the company's machine did not infringe the patent. March 2010, obtained jury verdict of behalf of plaintiff in malicious prosecution lawsuit after two week trial in Malibu, California. December 2009, successfully defended wireless telephone carrier in Eastern District of Virginia (“rocket docket”). Plaintiff was requesting $170 million for alleged infringement of wireless modem adaptors. After three week jury trial, jury rendered verdict of non-infringement and invalidity of the patent. October 2009, 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. September 2009, obtained judgment of acquittal in jury trial on criminal charges brought against German exporter. July 2007, obtained defense jury verdict on behalf of CPR Savers and First Aid Supplies in suit brought by Express Companies, Inc., alleging theft of trade secrets and interference with Express' contract with Yahoo.   April 2007, successfully defended a tribal development corporation in jury trial in Atlanta, Georgia, involving allegations of breach of contract.   January 2006, obtained $1.38 million jury verdict on behalf of the historic U.S. Grant Hotel against its former operator; also obtaining verdict for U.S. Grant Hotel against the cross-complaint of operator seeking $5 million for breach of contract.   Multi-million dollar recovery for receiver of failed financial institutions against officers and directors, as well as banker's bond and directors and officers insurance carriers, for wrongful acts committed in commercial and multi-family residential lending.   Represented bank executives in criminal and civil case, obtaining published decisions in both California Court of Appeals and Supreme Court on novel state and federal constitutional issues., 2011

Representative Clients:

  • Kyocera Communications, Inc., Federal Deposit Insurance Corporation, Elite Outpatient Surgical Centers, Mytee Corporation, U.S. Grant Hotel Ventures, Inc., Sycuan Tribal Development Corporation., 2011

Educational Background:

  • Bachelor of Science Degree in Biology, 1976, University of California, San Diego;  Law Degree, 1981, University of San Diego Law School
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