David J. Tsai is co-head of Pillsbury’s Taiwan practice and also resident in the San Francisco office. David focuses his practice on intellectual property, patent, trade secret, trademark, copyright, complex breach of contract, and product defect litigation in courts and international arbitration tribunals.
David represents world-class corporations innovating biotechnology, pharmaceuticals, medical devices, software (internet and mobile apps), and hardware (semiconductors, set-top boxes, smartphones, solar wafers and light-emitting diodes/LED/OLED).
In addition to litigation, his experience includes preparing and prosecuting U.S. electrical engineering patent applications, drafting patentability, freedom-to-operate and non-infringement opinions, as well as inter partes review (IPR) petitions. He represents his clients in patent negotiations, licensing and overall intellectual property strategy.
David has been quoted in various business and technology publications including The New York Times and has written and lectured internationally on Hatch-Waxman/Abbreviated New Drug Application (ANDA) litigation, standard essential patents, FRAND/RAND royalties, internet software applications, and U.S. patent law. He serves as one of the 18 Lawyer Representatives to the U.S. District Court, Northern District of California.
REPRESENTATIVE EXPERIENCE :
- Co-led countersuit brought by a major Taiwanese handset telephone manufacturer against major U.S. computer manufacturer in patent litigation relating to operating systems and mobile handsets (D. Del.).
- Defended a major Taiwanese LED producer in a patent infringement action involving LED manufacturing technology (E.D. Tex.).
- Defended the world’s largest sporting goods company in a patent infringement action involving patents related to altimeter technology (N.D. Cal.).
- Defended a Taiwanese motherboard company and its U.S. subsidiary against a major electronics retailer in litigation involving various claims including fraud and breach of contract (Cal. Super. – Santa Clara Cnty.).
- Defended an employee in California accused of trade secret misappropriation involving semiconductor silicon materials in a two-week arbitration (AAA Arbitration).
- Served as counsel for a major U.S. lighting retailer in a copyright infringement action (N.D. Cal.)
- Served as counsel for one of the world’s largest manufacturers of cable modem routers and its employees in litigation involving various claims including misappropriation of trade secrets related to cable modem technology, breach of contract, and unfair competition (C.D. Cal.).
- Asian American Bar Association, President, 2018−2019; Vice President/President-Elect, 2017−2018; Secretary, 2015−2016; Board of Directors, 2012−2015
- Asian Americans Advancing Justice | Asian Law Caucus, Board of Directors, 2016−present
- Asian Law Alliance, Advisory Board, 2016−present
- Bar Association of San Francisco (BASF), Board of Directors, 2010−2011, 2016−present
- Bay Area Lawyers for Individual Freedom (BALIF), Board of Directors, Co-Chair, 2010−2012; Treasurer, 2008−2010
- Lambda Legal, Board of Directors, 2015−present
- Phillips Exeter Academy, Alumnus Admission Representative, 1997−present
- State Bar of California’s Legal Services Trust Fund Commission, Commissioner, 2014−2017
- University of California, Riverside (UCR), Foundation Board of Trustees, 2015−present
- J.D., Santa Clara University School of Law
- M.S., Stanford University
- A.B., Harvard University
ADMISSIONS : California
- U.S. District Court of Appeals for the Federal Circuit
- U.S. District Court for the Central, Eastern, Northern and Southern Districts of California
- U.S. District Court for the Eastern District of Texas
- Registered Foreign Attorney in Taiwan (Member of Taipei Bar Association)
Rate : $$$