Partner
Robert McCauley is an experienced trial attorney who practices all forms of intellectual property litigation and serves as co-leader of the firm's trade secrets litigation group. Rob has first-chaired more than 30 jury trials and more than 50 bench trials, and frequently teaches trial advocacy skills to attorneys and law students. Having examined and cross-examined hundreds of witnesses in open court, Rob is adept in preparing our clients and witnesses to testify effectively and persuasively in depositions and trials.
Since joining Finnegan in 2000, Rob has tried and argued cases spanning various technologies, including pharmaceuticals (Abbreviated New Drug Application (ANDA) litigation); semiconductor devices, including flash memory; bicycle suspension systems; liquid cooling systems for data centers; medical devices; software and hardware; and optical networking. He has extensive experience in explaining complicated technical and legal issues in terms that judges and juries can understand. Before joining Finnegan, Rob was a trial attorney in the Domestic Violence Unit of the Santa Clara County District Attorney's Office, which required frequent and challenging cross-examinations of uncooperative witnesses in open court. Rob has been recognized by The Legal 500 U.S. for patent litigation, and has litigated before numerous U.S. district courts, the U.S. International Trade Commission (ITC), the U.S. Court of Appeals for the Federal Circuit, Patent and Trial Appeal Board (PTAB), and the Superior Court of California.
Rob regularly teaches trial advocacy skills to attorneys and law students at Stanford University, Santa Clara University, and the University of Virginia. He also often speaks at seminars and to in-house legal teams. on intellectual property strategies and litigation.
In addition to co-leading the trade secrets group, Rob is a former member of the firm's management committee and previously served as the managing partner for the firm's Palo Alto office.
1:06-cv-00238, S.D. Ind., Judges Barker, McVicker Lynch, Magnus-Stinson
4:06-cv-01066, N.D. Cal., Judges Chen, Hamilton
3:13-cv-00457, N.D. Cal., Judges Chen, Corley, Tigar
337-TA-753, ITC, Judge Essex
18-2024, -2025, Fed. Cir., Judges Prost, Wallach, Hughes
IPR2017-00118, -00472, PTAB, Judges Kim, Ippolito, Cherry
3:14-cv-01622; 5:15-cv-02008, N.D. Cal., Judges Cousins, Davila, Freeman, Gillam, Ryu, Tigar, Westmore
Supported client Richwave, including conducting legal researches regarding relevant decisions in California.
2006-1-CV-076689, California Superior Court, Judge Kuhnle
2010-1-CV-178564, Sup. Ct. of Cal., Santa Clara County, Judge Kirwan
1:01-cv-00443, S.D. Ind., Judges LaRue, Lynch, Shields, Young
05-1429, -1430, Fed. Cir., Judges Rader, Schall, Gajarsa
Represented a major computer and computer-peripheral manufacturer accused of stealing trade secrets relating to internet and printer technologies by a former developer. The plaintiff was asking for more than $1,500,000,000 in damages. Obtained a rare summary judgment of independent development from the district court, which was affirmed on appeal.
4:98-cv-03349, N.D. Cal., Judge Wilken
01-1459, -1548, Fed. Cir., Judges Michel, Plager, Rader
Eli Lilly and Company v. Sicor Pharmaceuticals, Inc.
Trial team member for Eli Lilly in ANDA litigation to prevent generic competition for anti-cancer drug Gemzar®. Duties included examining and cross-examining experts in synthetic organic chemistry. One patent found valid after trial, recovery on second patent barred by Sun decision. Affirmed on appeal.
1:06-cv-00238, S.D. Ind., Judges Barker, McVicker Lynch, Magnus-Stinson
Medtronic Vascular Inc. v. Abbott Vascular, Inc.
Member of trial team that represented Abbott in multiple patent litigations relating to its market-leading Vision™ bare-metal stent and Xience™ drug-eluting stent. Case settled on the Friday before jury selection, with Medtronic paying client Abbott $400 million to settle all global patent disputes.
4:06-cv-01066, N.D. Cal., Judges Chen, Hamilton
Asetek Danmark A/S v. CMI USA, Inc.
Led trial team to successful jury verdict for client, Asetek. Jury awarded damages at 14.5% royalty rate and rejected all of CMI USA’s invalidity defenses. Judge imposed enhanced damages for post-trial willful infringement.
3:13-cv-00457, N.D. Cal., Judges Chen, Corley, Tigar
Certain Semiconductor Chips and Products Containing Same
Represented Rambus, Inc. against 34 respondents, including Broadcom Corp., NVIDIA Corp., and others, in an ITC action asserting infringement of two families of patents (relating to memory controller and peripheral interface technology), seeking to exclude semiconductor memory controllers from the United States. Prepared inventors and prosecuting attorney to testify at trial. Following a bench trial, three of Rambus's patents were found valid and infringed and an exclusion order was issued.
337-TA-753, ITC, Judge Essex
FOX Factory, Inc. v. SRAM, LLC
18-2024, -2025, Fed. Cir., Judges Prost, Wallach, Hughes
IPR2017-00118, -00472, PTAB, Judges Kim, Ippolito, Cherry
3:14-cv-01622; 5:15-cv-02008, N.D. Cal., Judges Cousins, Davila, Freeman, Gillam, Ryu, Tigar, Westmore
IP Updates
The Federal Trade Commission’s Comprehensive Ban on Non-Competes The Federal Trade Commission’s Comprehensive Ban on Non-Competes
April 29, 2024
Event
Trade Secret IP Protection & Litigation West Coast Summit Trade Secret IP Protection & Litigation West Coast Summit
April 23, 2024
San Jose
Event
Trade Secret Protection for AI Innovations Trade Secret Protection for AI Innovations
February 16, 2023
Webinar
Event
IP Counsel Café Silicon Valley Meeting IP Counsel Café Silicon Valley Meeting
October 4-8, 2021
Palo Alto
Commentary
Takeaways from the FTC's Non-competes Ban Takeaways from the FTC's Non-competes Ban
April 24, 2024
Law360Commentary
‘I Hate This Rule’: The FTC's Controversial Non-Competes Ban ‘I Hate This Rule’: The FTC's Controversial Non-Competes Ban
January 17, 2023
World Intellectual Property ReviewMedia Mention
Fed. Circ. Faults PTAB Decision Upholding Bike Chain Patent Fed. Circ. Faults PTAB Decision Upholding Bike Chain Patent
December 18, 2019
Law360Press Release
California Judge Grants Post-Verdict Injunction and Willful Infringement for Finnegan Client Asetek California Judge Grants Post-Verdict Injunction and Willful Infringement for Finnegan Client Asetek
September 23, 2015
Media Mention
Judge Says CMI Can't Invalidate Asetek Cooling Patents Judge Says CMI Can't Invalidate Asetek Cooling Patents
April 22, 2015
Law360Media Mention
CMI Infringed Asetek Cooling Patent, Calif. Jury Finds CMI Infringed Asetek Cooling Patent, Calif. Jury Finds
December 17, 2014
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