David Rosen represents clients in a range of complex civil litigation matters, including intellectual property, antitrust, and breach of contract cases. Prior to joining Keker & Van Nest in Fall 2014, he clerked for the Honorable Raymond T. Chen on the United States Court of Appeals for the Federal Circuit. Before attending law school, Mr. Rosen worked for nearly 10 years designing, programming, and managing student information systems.
Cases of Note
Cisco Systems, Inc. v. Arista Networks, Inc.: We defended Arista Networks in this groundbreaking case which raised the important question of whether and to what extent functional computer commands merit copyright protection. Cisco accused Arista, run by a former Cisco vice president, of copyright infringement for the use of more than 500 commands used to configure network switches. Cisco also accused Arista of infringing two patents, one of which it dismissed before trial. After a two-week trial, the jury returned a verdict in our client’s favor on both the copyright and patent claims.
Miranda et al. v. Office of the Commissioner of Baseball et al.: We successfully defended Major League Baseball (MLB), its Commissioner and 30 Baseball Clubs from a putative class action. The plaintiffs, former minor league players, alleged that minor league baseball’s labor system violates federal antitrust law. We convinced the court to dismiss the complaint because Baseball’s antitrust exemption bars plaintiffs’ claims.
Taiwan Semiconductor Manufacturing Company, Ltd. v. Zond LLC: Zond had threatened to sue Taiwan Semiconductor Manufacturing Company (TSMC) for patent infringement on six patents in Massachusetts. On behalf of TSMC, we filed a declaratory-judgment action in Delaware and successfully moved the court to order Zond not to pursue parallel litigation in Massachusetts. In tandem with institution of IPRs on several of Zond’s patents, we negotiated a settlement with Zond for a fraction of other settlements.
Two-Way Media Ltd. v. Comcast Cable Communications: We are defending Comcast from a patent claim by Two-Way Media. The plaintiff previously won a $28 million jury verdict against AT&T on related audio and video streaming patents in the Eastern District of Texas. The claim attempts to target Comcast’s new offerings of TV Everywhere and other streaming products that allow Comcast to provide entertainment untethered to the cable box. Comcast is leading the cable and content delivery industries in developing these products and technology.
Awards and Honors
- Winner, 2012 McBaine Moot Court Competition
- American Jurisprudence Awards in Written and Oral Advocacy; Constitutional Law; Computer Crime Law; Patent Litigation; Computer Law
- Prosser Prize in Information Privacy Law
- Editor-in-Chief, Berkeley Technology Law Journal