Anthony J. Dain

Anthony J. Dain

Attorney Profile

Top Rated Intellectual Property Litigation Attorney in San Diego, CA

Procopio, Cory, Hargreaves & Savitch LLP
 | 525 B Street, Suite 2200
San Diego, CA 92101
Phone: 619-515-3241
Fax: 619-744-5441
Selected To Super Lawyers: 2008 - 2019
Licensed Since: 1981
Practice Areas:
  • Intellectual Property Litigation (50%),
  • Business Litigation (30%),
  • Banking (20%)
    Attorney Profile

    Anthony J. Dain’s practice focuses on litigation in the areas of financial institutions, intellectual property, white collar criminal, environmental, commercial litigation, and Native American issues. He also assists parties in alternative dispute resolution as a mediator and arbitrator.

    Mr. Dain is a veteran of more than 85 jury trials, successfully representing financial institutions, federal agencies, tribal governments, public utilities, businesses, and individuals in both state and federal courts. One of his recent jury trials was televised nationally by Court TV. Mr. Dain has also represented clients in more than 100 matters before state and federal courts of appeal and has 14 published appellate cases. He is licensed to practice in all California courts, Federal District Courts of California, Texas, Arizona, Illinois, Delaware, Virginia and New York, the Ninth and Federal Circuit Courts of Appeal, and the Supreme Court of the United States. Mr. Dain is also licensed to practice before the United States Patent and Trademark Office.

    About Anthony Dain

    Admitted: 1981, California

    Professional Webpage:

    Special Licenses/Certifications:

    • Registered Patent Attorney, United States Patent Trademark Office,  Certified by the California State Bar as an Appellate Specialist

    Bar/Professional Activity:

    • Member of the California State Bar Committee on Appellate Courts, 2012

    Scholarly Lectures/Writings:

    • • Feature speaker for the San Diego County Bar Association, the American Corporate Counsel Association and the California Computer Expo


    • March 2019, after two successful jury trials in District Court and two summary affirmances following defendants' appeals to the Federal Circuit Court of Appeals, obtained enforceable judgments against public companies totaling more than $25,000,000., 2019
    • October 2018, Obtained $6,500,000 settlement on the eve of jury trial in Delaware District Court related to infringement of all-optical data transmission patent., 2018
    • June 2017, obtained $13,350,000 judgment for manufacturer of polyimide films used to make the flexible printed circuit boards in smart phones after three week jury trial in the Central District of California; June 2016, Fedral Circuit affirmed $5,500,000 and 10% royalty judgment for synthetic fiber manufacturer in patent infringement lawsuit following two week jury trial in Dallas, Texas;  October 2012, obtained $2,900,000 false patent marking judgment for manufacturer of aftermarket auto parts after four week trial in Los Angeles and appeal; April 2012, obtained seven figure settlement for federal regulatory agency from directors and officers of failed Los Angeles bank; September 2011, obtained judicial finding of factual innocence for business owner after dismissal of criminal charges during jury trial; August 2011, obtained $585,000 jury verdict for family exposed to pathogens in recycled water, following settlement by two defendants during trial; July 2011, obtained multiple seven figure settlement for federal regulatory agency against directors and officers of failed bank. June 2011, succefully defended Native American tribal development company against hotel management company, obtaining dismissal of action based on principles of sovereign immunity.  May 2011, obtained $1,150,000 toxic tort jury verdict following three week trial, for small business owners exposed to e-coli bacteria following negligent connection of recycled water to tap water. June 2010, successfully defended ice delivery company in patent infringement preliminary injunction in Arizona District Court.  In this "bet the company" evidentiary hearing, the trial court construed the claims and found the company's machine did not infringe the patent. March 2010, obtained jury verdict of behalf of plaintiff in malicious prosecution lawsuit after two week trial in Malibu, California. December 2009, successfully defended wireless telephone carrier in Eastern District of Virginia (“rocket docket”). Plaintiff was requesting $170 million for alleged infringement of wireless modem adaptors. After three week jury trial, jury rendered verdict of non-infringement and invalidity of the patent. October 2009, represented floor cleaning equipment manufacturer in defense of two week patent jury trial in Southern District of California. Patent claims currently rejected by USPTO following reexamination. September 2009, obtained judgment of acquittal in jury trial on criminal charges brought against German exporter. July 2007, obtained defense jury verdict on behalf of CPR Savers and First Aid Supplies in suit brought by Express Companies, Inc., alleging theft of trade secrets and interference with Express' contract with Yahoo.   April 2007, successfully defended a tribal development corporation in jury trial in Atlanta, Georgia, involving allegations of breach of contract.   January 2006, obtained $1.38 million jury verdict on behalf of the historic U.S. Grant Hotel against its former operator; also obtaining verdict for U.S. Grant Hotel against the cross-complaint of operator seeking $5 million for breach of contract.   Multi-million dollar recovery for receiver of failed financial institutions against officers and directors, as well as banker's bond and directors and officers insurance carriers, for wrongful acts committed in commercial and multi-family residential lending.   Represented bank executives in criminal and civil case, obtaining published decisions in both California Court of Appeals and Supreme Court on novel state and federal constitutional issues., 2017

    Educational Background:

    • Bachelor of Science Degree in Biology, 1976, University of California, San Diego;  Law Degree, 1981, University of San Diego Law School
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    Office Location for Anthony J. Dain

    525 B Street
    Suite 2200
    San Diego, CA 92101

    Anthony J. Dain:

    Last Updated: 9/18/2019

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