David Case is an experienced intellectual property and commercial disputes and intellectual property transaction attorney. His experience in Japan and New York includes a variety of intellectual property and commercial related matters on behalf of Japanese and non-Japanese clients. David has assisted with or been lead counsel in numerous litigations and arbitrations venued in the U.S. and Japan involving intellectual property infringement claims or commercial claims involving intellectual property rights. David has also represented U.S., E.U. and Japanese companies in connection with numerous government investigations including alleged antimonopoly violations, product defect investigations and FCPA investigations. David also assists companies in implementing intellectual property and FCPA compliance and due diligence programs.

David joined White & Case’s New York intellectual property practice group in 1998 and permanently transferred to Tokyo in 2002. He was a summer clerk at a Japanese law firm in Tokyo in 1996. Prior to becoming an attorney, he worked for five years in Tokyo consulting to Japanese and U.S. software vendors and content developers entering the Japanese and US markets.

Recent Representative Litigation Matters:

• Representing a major Japanese bearing manufacturer in multiple patent litigations brought against three Korean bearing manufacturers in U.S. Federal District Court. (co-lead counsel, settled in 2011)
• Represented a major Japanese electronics manufacturer together with two of its Japanese customers in defensive and offensive actions before the ITC against a U.S. semiconductor company. (settled in 2011)
• 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. (co-lead counsel, enforcement proceeding ongoing)

Recent Representative Transaction Matters

• Advising Saudi Aramco in connection with all in-bound licensing of technology for use in Petro Rabigh facility in Rabigh, Saudi Arabia. (ongoing)
• Advising a Chinese white goods manufacturer in connection with the acquisition (via transfer and license) of more than 1200 patents, design rights and trademarks in an M&A transaction with a Japanese company. (ongoing)
• Advised a Japanese semiconductor company in connection with the acquisition of a European based semiconductor company, deal valued at $350 million (recently completed).
• Advising Japanese utility company in connection with its outbound licensing of battery re-charging technology used in next generation electric vehicles. (ongoing)
• Advising major Japanese auto parts manufacturer in connection with numerous cross licensing, patent acquisition and patent infringement settlement matters. (ongoing)

Recent Government Related Investigations

• Representing a major U.S. based aircraft manufacturer in connection with a crash of an airplane at a major Japanese airport. (ongoing)
• Representing an EU headquartered consumer product manufacturer in connection with alleged product defect investigation in Japan. (ongoing)
• Representing an EU headquartered consumer product manufacturer in connection with false advertising claims in Japan. (ongoing)

David has been recognized by international publications as a leading IP lawyer in Chambers Asia (2009) and a leading disputes lawyer in Chambers Global (2010) and by Asia Pacific Legal 500 (2010).

Bars and Courts
New York State Bar, 1999
US District Courts for the Southern and Eastern Districts of New York, 1999
Registered Foreign Attorney in Japan (Gaikokuho Jimu Bengoshi), 2003

Education
JD, Syracuse University College of Law, magna cum laude, Order of the Coif, 1998
Santa Clara University School of Law, Institute of International and Comparative Law, June-July 1996
BS, Economics, Saint Mary's College of California, 1990
Economics, London University, University College, 1988-89

Professional Associations and Memberships
New York Bar Association
Licensing Executives Society Japan
American Chamber of Commerce in Japan (current member of the Board of Governors, current Chair of the Intellectual Property Committee and past Co-Chair of the Privacy Law Task Force)
Associate of the Institute by the Chartered Institute of Arbitrators
International Association for the Protection of Intellectual Property of Japan (currently serves on the Editorial Committee for the Japanese and English language journals of the Journal of the Japanese Group A.I.P.P.I.)

Publications
US Trademark 100, sole author, published by the Japan Trademark Association, September 2011, English and Japanese, 440 pages (available in book stores and online retailers including Amazon.co.jp)(a book highlighting the 100 most influential court decisions in US trademark law)
Co-Author, "Measures Taken against Counterfeit and Pirated Goods at Japanese Customs", Apparel, September 2010
Co-Author, "Preemptive Strike! Recent Changes in US Case Law Make It Easier for Companies to Use Declaratory Judgment Actions to Increase Their Chances of Successfully Fending off Patent Trolls" (with William S. Coats, formerly of W&C, Palo Alto) The Lawyers, October 2008
"Chapter 2: Licensing", Tax Strategies for Intellectual Property, January 2008 (with Mika Suzuki)
Co-Author, "Japan Product Liability and Consumer Product Safety Laws" International Comparative Legal Guide to: Product Liability, 2007, 2008, 2009, 2010 (with Yuji Ogiwara)
"The Reaction of US Industry to the Employee Invention Remuneration Cases, and Remuneration Policies of Select US Companies and Universities," Journal of the Japanese Group A.I.P.P.I, May 2004 (Japanese edition) and July 2004 (English edition)
"Use of Experts In Patent Litigations," International Legal Strategy, July 2003
"Companies Face Possible Fair Remuneration Claims From Employee Inventors With Japanese Patents," Asian IP, May 2003; and BNA's World IP Report June 2003
"Common Mistakes Made By Licensors In Administering Click-Wrap Agreements," Syracuse University Law And Technology Journal, Spring 2003; The Computer & Internet Lawyer, August 2002; Journal of the Japanese Group A.I.P.P.I, June 25, 2002 (Japanese translation); and Intellectual Property Today, October 2002
Co-author, "Music, The Internet, and the Music Industry," Practicing Law Institute, 670 PLI Vol. 1, September 2001 (with I. Fred Koenigsberg and Stefan Mentzer)
"Personal Jurisdiction by Virtue of Establishing a Web site," Practicing Law Institute, 489 PLI/Pat 15, September 1997 (assisted David Bender in researching and writing article)

Speaking Engagements
Speaker, "Antitrust Issues in Licensing Intellectual Property", IP Licensing Seminar co-organized by Japan In-House Counsel Network (JICN), May 17, 2011
Guest Lecturer, Legal Issues Relating to the Use of Open Source Software, addressed legal and engineering departments of major semiconductor manufacturer, June 2010
Speaker, Current Intellectual Property and Regulatory Issues Involving Collaborative Content Creation conference, organized by American Chamber of Commerce, September 8, 2008
Guest Lecturer, "Approaches of US and U.K. Companies to Better Protect, Manage and Exploit their Patents, Trade Secrets and other Intellectual Property Assets", The Waseda University Nano, IT and Bio IP Management and Strategy Lecture Series – Advanced Course for Industry Professionals, February 2007. (three hour presentation and Q&A session in Japanese)
Speaker and panelist, "The Overview of Arbitration Law of Japan", Asia Pacific Dispute Resolution Summit organized by Asia Law & Practice, June 29, 2006
Speaker and panelist, "The Future of Intellectual Property Oriented Study - Between Engineering and Management Policy" 未来志向の知財学―技術と経営と政策のはざまを超えて, 「プロパテント時代の一つの『終焉』－プロパテントとプロイノベーションの調和へ（人材、資金、基盤整備）」 Waseda University, June 17th and 18th, 2006 (Presentation and Panel Discussion in Japanese)
Host, American Chamber of Commerce in Japan – Executive Webcast Series 2006-2007, "Law & Policy", streamed by ITV Japan (6 segments)
Keynote Speaker at the seminar, "Distribution of Digital Contents and Its Problems," co-sponsored by Institute of Intellectual Property and Copyright Research and Information Center, "Licensing Digital Contents to Licensees, Agents and Business Partners in the US" (1 hr. in Presentation in Japanese), October 8, 2004

Languages
English
Japanese

Citizenship
United States