David Case is an experienced intellectual property and commercial disputes lawyer in Orrick’s Tokyo office. His experience in Japan and New York includes a variety of intellectual property and information technology contentious and non-contentious matters on behalf of Japanese and non-Japanese clients.

In connection with his contentious work, David has assisted with or been lead counsel in numerous litigations and arbitrations venued in the United States and Japan involving intellectual property infringement claims or commercial claims involving intellectual property rights. David also regularly supports Orrick’s M&A and venture start-up teams in respect of intellectual property and information technology aspects of cross border M&A and venture capital deals.

  • David has been practicing law in Japan since 2002. He was a summer clerk at a Japanese law firm in Tokyo in 1996. Prior to becoming a lawyer, he worked for five years in Tokyo consulting to Japanese and U.S. software vendors and content developers entering the Japanese and U.S. markets.

    David has been recognized by international publications as a leading intellectual property and dispute resolution lawyer in Japan by Chambers Global and Chambers Asia Pacific from 2008 to 2018, and he was also recognized as a leading individual for intellectual property from 2012 to 2018 and dispute resolution from 2013 to 2018 in Asia Pacific Legal 500.

  • Recent Representative Litigation Matters

    • Representing major Japanese copier and multifunction printer company in multiple patent litigations brought in Federal Courts in Delaware and California.
    • Representing a Japanese car navigation system company in a patent litigation brought in Federal Court in New Jersey.
    • Representing a UK based consumer electronics company in connection with enforcing non-compete and nondisclosure against a senior executive moving to a competitor.
    • Acted co-lead counsel representing a Japanese hand held HD video recorder company in a patent litigation brought in Federal Court in Puerto Rico.
    • Acted co-lead counsel, representing a U.S.-based manufacturer in a JCAA arbitration in a breach of contract action involving the license of trade secrets and other intellectual property to a JV partner.
    • Acted co-lead counseling, represented a major Japanese bearing manufacturer in multiple patent litigations brought against three Korean bearing manufacturers in U.S. Federal District Court.
    • Represented a major Japanese electronics manufacturer together with two of its Japanese customers in defensive and offensive actions before the U.S. International Trade Commission (ITC) against a U.S. semiconductor company.

    Recent Representative Transaction Matters

    • Representing U.S. based renewable energy company in joint licensing and sales joint venture for the licensing, development, and operation of micro direct catalytic coal liquefaction facilities.
    • Representing U.S. based heating, ventilation, and air conditioning company in connection with acquisition of variable refrigerant flow business unit from a Japanese company that includes the transfer of more than 2,000 patents and related technology and 400 trademarks.
    • Representing Japan’s largest direct response TV (infomercials and other direct response media) company in rights acquisition and licensing of products and related intellectual property for sale in Japan and around Asia.
    • Advised a major Japanese electronics company in connection with acquisition of intellectual property relating to acquired HD and flash drive business.
    • Advised major Japanese semiconductor company in connection with acquisition of European based accelerometer and gyro meter chip manufacturer.
    • Advised a major Middle East oil and petro chemical producer in connection with all in-bound Phase II licensing of chemicals for production at Petro Rabigh. Phase II included more than two dozen intermediary and final chemical streams at Petro Rabigh in Saudi Arabia.
    • Advised a Chinese white goods manufacturer in connection with the acquisition (via transfer and license) of more than 1,200 patents, design rights and trademarks in an M&A transaction with a Japanese company.
    • Advised a Japanese utility company in connection with its outbound licensing of battery re-charging technology used in next generation electric vehicles.
    • Advised a major Japanese auto parts manufacturer in connection with numerous cross licensing, patent acquisition and patent infringement settlement matters.
    • Advised a Japanese semiconductor company in connection with the acquisition of a European based gallium nitride materials company.
    • Regularly advises technology providers in cross border cloud computing, collocation, data center and outsourcing arrangements

     Recent Government-Related Investigations

    • Representing an EU-headquartered consumer product manufacturer in connection with ongoing alleged product defect and consumer product safety investigation in Japan.
    • Represented a major U.S.-based home goods and supplement company in connection with internal investigation relating to political advocacy and lobbying activities.
    • Represented a major U.S.-based aircraft manufacturer in connection with a crash of an airplane at a major Japanese airport.
    • Represented an EU-headquartered consumer product manufacturer in connection with false advertising claims in Japan.

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