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Robert F. McCauley III
Partner
Robert McCauley practices patent, trade secret, and trademark litigation. He has litigated before U.S. district courts, the U.S. Court of Appeals for the Federal Circuit, the U.S. International Trade Commission, and the Superior Court of California. His cases have included a wide range of technologies, including pharmaceuticals (Abbreviated New Drug Application (ANDA) litigation under the Hatch-Waxman Act ); medical devices; semiconductor devices (including flash memory); optical networking; and software. The complexity of the legal and technical issues involved require him to develop explanations in terms that judges and juries can understand.
As a former deputy district attorney for Santa Clara County, Calif., Mr. McCauley first chaired 30 jury trials and more than 50 bench trials. He has examined and cross-examined hundreds of witnesses in open court, and he regularly draws from those experiences when preparing clients for depositions and trial.
Mr. McCauley regularly speaks at legal seminars regarding intellectual property litigation. He has lectured at The University of California (Boalt Hall School of Law and Hastings College School of Law) and Santa Clara University School of Law.
Highlights
- In re Semiconductor Chips, 337-TA-753 (ITC). Represented Rambus against Broadcom and others in ITC trial asserting infringement of two families of patents relating to memory controller and peripheral interface technology. Prepared inventors and prosecuting attorney to testify at trial.
- Lilly v. Teva (S.D. Ind., Fed. Cir.). Trial team member for Lilly in ANDA litigation (Zyprexa®). Duties included examining several technical and fact witnesses. Lilly prevailed at trial and on appeal; the U.S. Supreme Court denied Teva's petition for a writ of certiorari.
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Lilly v. Teva, (S.D. Ind.). Trial team member for Lilly in ANDA litigation (Gemzar ®). Duties included examining and cross-examining experts in synthetic organic chemistry. Compound patent held valid, method of use patent held invalid. Affirmed on appeal.
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Medtronic v. Abbott (N.D. Cal.). Trial team member for Abbott in stent litigation (Xience™ and Vision™). Case settled on the Friday before jury selection, with Medtronic paying client Abbott $400 million to settle all global patent disputes.
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Served in the Domestic Violence Unit in the Santa Clara County District Attorney's Office, which required frequent and challenging cross-examination of uncooperative witnesses in open court, 1994-2000.
- Taught trial techniques for a course at Santa Clara University School of Law, 1995-2000.
Professional Activities
- American Intellectual Property Law Association
- American Bar Association
- California State Bar Association
- Santa Clara County Bar Association
Select Publications
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