Richard F. Cauley 2570 West El Camino Suite 440 Mountain View, California 94040 | ![]() |
| Communication Center | |||||
|
| ||||
|
|
Richard F. Cauley is an experienced trial attorney, specializing in complex intellectual property and antitrust matters and has particular expertise in matters requiring economic and financial analysis. He also recently authored Winning the Patent Damages Case, A Litigator's Guide to Economic Models and Other Damage Strategies which was published by the Oxford University Press.
As a former partner at the law firm of McDermott Will & Emery, LLP, based in Palo Alto, California. Mr. Cauley has over 20 years of trial experience in complex patent infringement and other trademark and copyright litigation. He has successfully represented clients in the semiconductor, semiconductor equipment, computer and disk drive industries. He has prevailed in numerous important cases for major industrial clients throughout the U.S. Mr. Cauley has received recognition for his skill in patent litigation and has been featured in a number of publications, including the European Regulatory Affairs News and Intellectual Property Today. He is the author of Defending Your Turf: A Battle Plan for Strategic Patent Development, a guide for attorneys in strategic patent enforcement.
Trial and Litigation Experience:
Lead counsel for servomotor manufacturer in patent infringement action against competitor. Obtained JMOL of infringement after a three-week jury trial and an injunction against defendant's entire product line. Later obtained summary judgment ruling holding executives of defendant company and affiliated company and its executives responsible for judgment. Judgment of infringement upheld by Federal Circuit
Represented intellectual property holding company as defendant in licensing dispute regarding gene therapy patents involving allegations of inequitable conduct. Matter settled after mediation with no payment by client.
Represented software manufacturer in contract dispute with shareholders of acquired corporation over profits from CD ripping technology. Case settled immediately before trial on terms very favorable to client.
Represented computer mouse manufacturer in patent infringement action. Matter settled favorably to client immediately before trial.
Represented disk drive manufacturer and semiconductor manufacturer in products liability case involving contaminated semiconductor mold compound
Represented medical device manufacturer in trade secret/antitrust action involving catheter technology
Represented patent holder in patent infringement action against snowmobile manufacturer and its engine manufacturer regarding innovative electronic fuel injection technology
Represented semiconductor manufacturer in action arising under the Semiconductor Chip Protection Act
Represented software modem manufacturer in antitrust/patent infringement matter involving allegations of misconduct in modem standard setting
Represented semiconductor manufacturers in patent infringement actions
Represented manufacturer of fiberglass highway delineators in trade dress/fraudulent patent mis-marking action. Jury returned defense verdict after only 40 minutes of deliberation
Represented beverage manufacturer in trade dress infringement action. Plaintiff dropped case after client defeated preliminary injunction motion
Represented software manufacturer in negotiation of licensing agreements and semiconductor manufacturer in negotiation of joint venture agreement.
Represented pesticide manufacturer in 10-week Superfund trial.
Represented St. Louis Convention and Visitors Bureau in antitrust action against National Football League.
Represented firearm and ammunition manufacturer in products liability actions.
Obtained defense verdict in bench trial of product liability case.
Jury trials in trade secret case involving disk duplication software and accountant's malpractice.
Represented semiconductor manufacturers in patent infringement and trade secret misappropriation cases.
Intellectual Property Litigation
Patent Law
Trademark Law
Copyright Law
- Areas of Practice:
- Alternative Dispute Resolution
- Intellectual Property
- International Law
- Litigation & Appeals
- Education:
- The University of Michigan Law School, Ann Arbor, Michigan,
1981
J.D.
Honors: Cum Laude - Haverford College, Haverford, Pennsylvania,
1976
B.A.
Honors: With Honors
Major: English
- Published Works:
- Taking Control Of The Patent Damages Debate, Law360, September, 2009
- Winning the Patent Damages Case: A Litigator's Guide to Economic Models and Other Damage Strategies, Oxford University Press, November, 2008
- Defunding The Trolls: Attacking The Damages Claim, IPLaw360, March, 2008
- 10 Mistakes That Drive Litigators Crazy, IPLaw360, September, 2007
- Maximizing The Return On Your Patent Portfolio, IPLaw360, September, 2007
- Festo XIII: Hidden Dangers for Patent Licensees?, IPLaw360, July, 2007
- Making Patent Litigants Toe The Line On Damages, IP Law 360, April, 2007
- An Economic Battle Plan for Patent Litigation, IPLaw360, March, 2007
- Patent Damages In A World Without Injunctions: Enter The Economists, IPLaw360, October, 2006
- Defending Your Turf: A Battle Plan for Strategic Patent Development, European Regulatory Affairs News, January, 2004
- California Antitrust Law (Co-Author), 1991
- Classes/Seminars Taught:
- Patent Damages After Lucent v. Gateway and Cornell v. HP: Strategies for Establishing or Disproving Infringement Damages, http://www.straffordpub.com/products/TLU7BA, Strafford Publications, February 3, 2010
- Past Employment Positions:
- McDermott Will & Emery, LLP, Partner














