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Overview

As the managing principal of McKool Smith, David Sochia oversees all of the firm's operations and works closely with the chairman to develop and execute the firm’s strategic plans. David is a trial lawyer who focuses on high-stakes patent litigation and complex commercial disputes. He represents both plaintiffs and defendants in federal and state courts across the United States. In addition, David has extensive experience in intellectual property licensing consulting. His experience also includes CMBS litigation, business torts, partnership disputes, and breach of contract actions. His clients represent a broad range of industries, including computer software, technology and services, financial services, and semiconductor manufacturing.

Experience

Representative Matters

  • AT&T, Inc. Representation of AT&T in litigation against Cox Communications, Inc. involving multiple patents dealing with DOCSIS and set top box technology with cases currently pending in Delaware and Georgia.
  • Ericsson. Represented Ericsson in litigation against TCL involving patent infringement and a dispute over fair, reasonable, and non-discriminatory (FRAND) terms for a license relating to LTE, WCDMA, and GSM/GPRS/EDGE technologies.
  • Nokia USA, Inc. Representation of Nokia in litigation against Red.com involving multiple patents dealing with compression algorithms for digital video cameras, currently pending in the Central District of California. 
  • Ericsson. Represented Ericsson in patent infringement and breach of contract litigation against Apple in the ITC and District Court relating to LTE, WCDMA, and GSM/GPRS/EDGE technologies. The litigation settled favorably prior to an initial determination by the ITC or district court trial.  
  • i2 Technologies, Inc. (now JDA Software Group) v. Oracle Corp.  Represented i2 in a patent infringement action involving supply chain planning and application management patents. The parties reached a settlement agreement following the pretrial conference.
  • Affiliated Computer Services. Defended ACS in a patent infringement lawsuit brought by JPMorgan Chase in the District of Delaware, focusing on lock box, check imaging, and stored-value card patents asserted by JPMorgan. The case settled shortly after the summary judgment and Markman hearing.
  • i2 v. SAP. Represented i2 Technologies, a pioneer in supply chain management software, as plaintiff against SAP asserting infringement of seven patents, in 2008. SAP settled shortly after the Markman hearing.
  • TGIP, Inc. Following a two-week trial in Beaumont, Texas, in 2007, David helped TGIP win a nine-figure jury verdict of willful infringement against AT&T related to two prepaid calling card patents. In addition to the verdict against AT&T, co-defendant MCI settled during the second day of trial for a confidential amount. Following a JMOL of non-infringement, the case was settled while on appeal to the Federal Circuit.
  • Visto Corp. Represented Visto in patent infringement litigation against RIM involving push email technology. After Visto's patents were confirmed in a reexamination proceeding, RIM settled with Visto.
  • 911EP, Inc. Represented 911EP in patent infringement litigation involving LED light bar technology. 
  • BearingPoint GmbH. Represented BearingPoint GMBH in a lawsuit involving an audit of a Houston based chemical company.
  • ORIX Capital Markets, LLC. Represented ORIX in several matters involving breaches of representations and warranties made in connection with the sale of commercial mortgage-backed securities into various billion-dollar securitization trusts.
  • LaSalle National Bank, N.A. Represented the trustee LaSalle National Bank, N.A. v. Nomura Securities, involving a breach of contract action involving breaches of representations and warranties made in connection with the sale of a $50 million commercial mortgage loan to a $1.6 billion securitization trust.
  • Deutsche Bank (German American Capital Corp.) Represented German American Capital Corporation in a breach-of-contract and fraud action involving a bank’s custodial duties over mortgage loans deposited into a securitization trust.

Recognition

Rankings & Honors

  • Recognized as a Rising Star in Texas by Super Lawyers2008 and 2009
  • AV Peer Review Rated by Martindale-Hubbell

Affiliations

Community & Professional Activities

  • American Intellectual Property Law Association and Dallas Association of Young Lawyers

News & Events

Education

J.D., Tulane University School of Law, 1996

B.A., Texas State University, 1992

Court Admissions

  • State of Texas
  • The U.S. Court of Appeals for the Federal Circuit
  • The U.S. District Courts for the Northern, Western, Eastern, and Southern Districts of Texas

Bar Associations

  • American Bar Association
  • Dallas Bar Association
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