Dave Francescani is Of Counsel in Fish & Richardson’s New York office. He joined the firm in 2001. His practice specializes in intellectual property litigation with particular emphasis in the fields of semiconductors, optics, electronics, computer software, and telecommunications. He has practiced in the field of intellectual property law for over 40 years and is registered to practice before the U.S. Patent and Trademark Office.
Mr. Francescani was named in The Best Lawyers in America editions for 2005-2011 in the intellectual property field in the New York City area, based on peer selection and named as one of the "Leading Individuals" in intellectual property in New York in the 2005-2015 editions of Chambers USA, based on "strong recommendations from the market." Mr. Francescani was also named in the 2005-2011 New York Metro Editions of Super Lawyers in the intellectual property field, and has been listed in The Best Lawyers in America since 2005.
Chicago Board Option Exchange v. International Securities Exchange, LLC (2009) – Currently representing CBOE in a patent infringement suit brought by ISE involving a trading exchange for derivative securities.
Metrokane, Inc. v. Built NY, Inc. (2009) – Currently representing Built NY in a design patent infringement suit involving a wine tote retail product.
August Technology Corp. v. Camtek, Ltd. (2009) – Represented Camtek in a patent infringement suit brought by August involving wafer inspection machines.
Japan Cash Machine, Inc. v. MEI, Inc. (2008) – Represented MEI in a patent infringement suit brought by JCM involving currency validators for gambling machines.
U.S. Philips Corp. v. Iwasaki Electric Company Ltd. (2008) – Represented Iwasaki in a patent infringement suite involving lighting products.
Colida v. Nokia (2006) – Represented Nokia in a design patent infringement suit involving cellular phone design.
U.S. Philips Corp. v. Atmel Corp. and LSI Logic Corp. (2004) – Represented Atmel and LSI in a patent infringement suit brought by U.S. Philips involving semiconductor circuitry. First chair.
Plasma Physics Corp. v. LSI Logic Corp. (2003) – Represented LSI in a multi-patent infringement suit involving semiconductor manufacturing processes. First chair.
Nokia Corp. and Nokia Inc. v. Buca, Inc. (2002) – Represented Nokia in a multi-patent infringement suit involving mobile phones and accessories. First chair.
Nokia Inc. and Nokia Mobile Phones, Inc. v. Hypercel Corporation (2001) – Represented Nokia in a multi-patent infringement suit involving mobile phones and accessories. First chair.
Sigma-Tau Industrie Farmaceutiche Ruinite, S. p. A. v. Lonza Ltd. (1997) – Represented Lonza in a patent infringement suit involving the food supplement carnitine tartrate. First chair.
Milliken Research Corp. v. International Paper Co. (1996) – Represented International Paper in U.S. Patent Office interference proceeding involving a fabric finishing process.
Ferag AG v. Grapha-Holding AG (1995) – Represented Grapha in a patent infringement suit in the District of Columbia between two Swiss companies involved in manufacturing binding equipment for the printing industry. First chair.
Amity Leather Products Co. v. Dallas Handbag Company, Inc., et al. (1994) – Represented group of handbag manufacturers in a patent infringement suit involving a handbag design patent. First chair.
Rolls-Royce Ltd. v. GTE Valeron Corp. (1986) – After replacing trial counsel on the appeal, won an affirmance by the Federal Circuit Court of Appeals that client GTE Valeron had not willfully infringed Rolls-Royce’s patents.
Trade Secret and Copyright
Lehman Brothers v. Deutsche Bank Securities, Inc., et al. (2003) – Represented Lehman Brothers in a trade secret, copyright, unfair competition case involving misappropriation of Lehman’s fixed income securities data and the unauthorized copying of Lehman research reports. First chair.
DSC Communications Corp. v. Pulse Communications Inc. (1997) – Represented Pulse Communications in a trade secret and copyright suit against Pulse and a patent infringement claim by Pulse against DSC. The court granted Pulse’s motion for judgment at the end of plaintiff’s case but granted summary judgment against Pulse on its patent infringement claim. Both decisions were reversed on appeal. First chair.
Circle Line Sightseeing Yachts, Inc. v. Circle Line Statue of Liberty Ferry, Inc. (2002) – Represented Circle Line Statue of Liberty Ferry, Inc. in a trademark dispute concerning the famous CIRCLE LINE trademark. Successfully defeated plaintiff’s preliminary injunction motion. Case resolved after full trial on the merits. First chair.
Playboy Enterprises International, Inc. (1982-1999) – Represented Playboy in over a dozen trademark infringement cases involving the famous PLAYBOY, PLAYMATE and RABBIT HEAD design trademarks. First chair.
July 14, 2016
Fish & Richardson Wins Dismissal of Patent Infringement Case Against USAA Over Patent for Verifying Online Transactions
April 4, 2016
Fish & Richardson Wins Over $6 Million in Attorneys’ Fees for Chicago Board Options Exchange in Multi-Year Patent Dispute With ISE
May 19, 2015
Fish & Richardson Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices from Chambers USA 2015
December 22, 2014
Fish & Richardson Wins Attorneys’ Fees for Chicago Board Options Exchange in Multi-Year Patent Dispute With ISE
September 17, 2014
Fish & Richardson Announces 40 Attorneys Included in The Best Lawyers in America® 2015
June 11, 2014
Fish Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices from Chambers USA 2014
April 8, 2014
Fish & Richardson Obtains Federal Circuit Affirmance of Patent Infringement Win for the Chicago Board Options Exchange, Incorporated
February 7, 2014
Fish & Richardson Announces 17 Attorneys Selected for 2014 Chambers USA
September 5, 2013
Fish Announces 34 Attorneys Selected for 2014 Best Lawyers in America®
June 11, 2013
Fish & Richardson Receives Top 2013 “Band 1” Rankings from Chambers USA in Intellectual Property and International Trade
March 21, 2013
Fish Wins Patent Infringement Case in Favor of the Chicago Board Options Exchange
September 5, 2012
Thirty Fish & Richardson Attorneys Selected for the 2013 Best Lawyers in America®