Anthony J. Dain

Mr. 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 80 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, the Federal District Court of Arizona, 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. He has been certified by the State Bar of California Board of Legal Specialization as a specialist in appellate law and is currently a member of the State Bar Committee on Appellate Courts. In the past he has served as a feature speaker for the San Diego County Bar Association, the American Corporate Counsel Association and the California Computer Expo.


Representative Matters

• August 2011, obtained $1,735,000 toxic tort verdict after 5 week jury trial. Plaintiffs, owners of a family business, were exposed to pathogens in treated sewage water after defendants’ water district and contractors misconnected an irrigation line to a tap water line.
• July 2011, represented Federal Regulator in Director and Officer investigation of failed financial institution, negotiating settlement of $7.9 million dollars.
• 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 on 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
• Successfully defended vacuum equipment manufacturer in complex trade secret litigation in California Southern District Court.  Case settled favorably on first day of trial, following successful rulings on in-limine motions.
• 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
• Represented two energy utilities in Nox emission patent litigation in the Southern District of California obtaining damages and royalties in excess of $1 million and a royalty free license to use more than 60 United States and foreign patents
• Successfully defended an institutional lender in CERCLA litigation using the Asset Conservation, Lender Liability, and Deposit Insurance Protection Act
• Successfully defended Jan San Company in patent infringement law suit brought by industry leader. Following successful invalidation of the patent, obtained confidential settlement in counterclaim for anti-trust violation
• Successfully defended a public utility in solar energy patent litigation in the District Court of Arizona and the Central District of California - plaintiff claimed more than $2.5 billion in worldwide damages
• Represented a patent holder and its exclusive licensee in a jury trial in the Central District of California obtaining damages and a permanent injunction against the infringer - the infringer settled, post judgment, agreeing to pay several million dollars in past damages and future royalties
• Obtained a defense verdict for a biotech company in trade dress and unfair competition litigation in the Central District of California, involving the distribution of horizontal electrophoresis devices
• Obtained a multi-million dollar settlement for an internet company involving issues of trademark and copyright infringement

 Mr. Dain received his bachelor of science degree in biology from the University of California, San Diego in 1976 and graduated from the University of San Diego Law School in 1981. In 2007, 2008, 2009, 2010, and 2011, Mr. Dain was recognized among the top 5% of Intellectual Property Litigators by Southern California Super Lawyers®-San Diego. He is also recognized as an AV rated attorney by Martindale-Hubbell.

Recent Articles/Publications

• "Patent trolls: Beware of licensing and patent complications", Interviewed by Usha Viswanathan, SmartBusiness San Diego, October 2006
• Patenting of "Business Method"