Colin (Cole) Dunn is an associate in the intellectual property litigation group. He represents clients in a variety of intellectual property matters, including utility patent, design patent, trade secret, and copyright disputes, across a wide range of industries and technologies, including pharmaceuticals, medical devices, consumer electronics, consumer products, internet-based services, and cybersecurity systems. Cole has experience developing invalidity, infringement, and claim construction strategies; drafting pleadings and briefs; preparing discovery requests and responses, expert reports, and pre-trial submissions; taking and defending depositions; preparing for hearings and oral argument; and appeals. He has worked on pre-suit investigations, cases in multiple district court venues, post-grant proceedings at the PTAB, and appeals to the Court of Appeals for the Federal Circuit.
In addition to his patent litigation practice, Cole has experience advising on licensing disputes and supporting transactions by assessing litigation risks, conducting freedom-to-operate studies, and analyzing patent portfolio strength. He also maintains a pro bono practice that includes representing veterans in the Court of Appeals for Veterans Claims and advising non-profit organizations on various legal issues.
Prior to going to law school and joining the firm, Cole spent over three years as a technical adviser and patent agent. During that time, he assisted in advising clients on patent infringement risk mitigation through freedom-to-operate analyses involving design guidance and non-infringement/invalidity opinions. In addition to supporting patent counseling, Cole helped clients to protect inventions through strategic patent drafting and prosecution—including several appeals to the Patent Trial and Appeal Board.
Experience
- Firstface Co., Ltd. v. Samsung Electronics Co., Ltd. (E.D. Tex.): Defending Samsung in a 5-patent infringement suit related to biometric authentication and application shortcut technologies.
- Roku, Inc. v. Access Advance et al. (D. Mass.): Representing Roku in a declaratory judgment action against standard-essential patent licensing administrator Access Advance and several licensors, alleging non-infringement, and breach of FRAND and unfair competition based on licensing negotiations, and unenforceability resulting from standard setting organization (SSO) disclosure policy violations.
- Cole Haan LLC v. Top Glory Trading Group Inc. (D.N.J.): Defending Top Glory in fashion industry competitor case involving assertion of utility and design patents concerning shoe designs.
- Akamai in patent infringement suits related to content distribution network technologies in the District of Delaware and at the PTAB.
- Zimmer, Inc. v. Exactech, Inc. (M.D. Fla.; PTAB): Defended Exactech in a patent infringement suit relating to computer-aided surgical systems, orthopedic implants, and surgical tools.
- XpandOrtho, Inc. and Exactech, Inc. v. Zimmer, Inc. (S.D. Cal.): Represented Exactech and XpandOrtho in a trade secret misappropriation, copyright infringement, and business tort suit relating to surgical tools.
- TC Heartland, LLC v. DreamPak, LLC (E.D. Va.): Represented TC Heartland in design patent competitor case in the food and beverage industry.
- Skechers v. Top Glory Trading Group Inc. (D.N.J.): Defended Top Glory in fashion industry competitor case involving assertion of patent relating to shoe heel cup design.
- Upsher-Smith Laboratories, LLC v. Zydus Pharmaceuticals (USA) Inc. (D. Del.): Represented Upsher-Smith Laboratories in a breach of contract action related to a patent license and settlement agreement.
- Centripetal Inc. v. Palo Alto Networks (E.D. Va.; PTAB; CAFC): Defended Palo Alto Networks in a 13-patent infringement suit relating to network security.
- Palo Alto Networks in an appeal related to jurisdiction over a declaratory judgment action in the CAFC.
- Represented premier research institutions in a pre-litigation investigation and licensing negotiations related to COVID-19 vaccine technologies.
- Represented a global biopharmaceutical company in a Hatch-Waxman suit concerning anti-viral agents in the District of Delaware.
- Represented a global biopharmaceutical company in a Hatch-Waxman pre-litigation investigation concerning anti-viral agents.