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Dale Rice
Dale A. Rice
Of Counsel
San Francisco +1 415 591 7081 drice@cov.com Download V-card

Dale Rice is of counsel in the firm’s San Francisco office.  She practices in the firm’s intellectual property litigation group and also is a member of the e-discovery practice group.  Her focus is on patent litigation in federal district courts and before the International Trade Commission, but she has also represented clients in trade secret, trademark, antitrust, false claims, class action and contract disputes.  Ms. Rice is experienced with coordination and day-to-day management of MDL and multi-party litigation, ITC proceedings and other complex litigation, including discovery and e-discovery matters.  The companies she has represented include Samsung, Sony, Fujitsu, Microsoft, SAP, Wells Fargo Bank, Bank of America, Northern Trust and Visa U.S.A.

  • In the Matter of Certain Light-Emitting Diodes and Products Containing Same (ITC Inv. Nos. 337-TA-785 and 337-TA-798).  Represented Samsung LED Co., Ltd., Samsung Electronics Co., Ltd. and other Samsung entities in two investigations involving LED technologies.  In the 785 investigation, OSRAM AG and related entities alleged infringement of OSRAM patents relating to certain LED packages, including polychromatic light LEDs.  In the 798 investigation, Samsung LED alleged that OSRAM infringed a number of Samsung patents relating to LED chips and manufacturing processes for LED chips.
  • Huawei Technologies Co., Ltd. v. Motorola Inc. (N.D. Ill.).  Represented Huawei Technologies in trade secret litigation against Motorola involving wireless base station technology; obtained a preliminary injunction preventing the transfer of Huawei’s confidential information in the context of a corporate acquisition.
  • In the Matter of Certain MLC Flash Memory Devices and Products Containing Same (ITC Inv. No. 337-TA-683).  Represented Samsung Electronics and related entities in an investigation before the U.S. International Trade Commission instituted following a complaint filed by BTG alleging infringement of patents relating to flash memory.
  • In the Matter of Certain Electronic Devices Including Handheld Wireless Communication Devices (ITC Inv. No. 337-TA-673).  Represented Samsung Electronics and related entities in an investigation before the U.S. International Trade Commission instituted following a complaint filed by Saxon Industries.  The patents-in-suit involved interrupt control circuitry, keypad monitoring, and interprocessor communications.
  • In re Katz Interactive Call Processing Patent Litigation (MDLC.D. Cal., underlying cases filed in D. Del., C.D. Cal., E.D. Tex., S.D.N.Y., D.N.J., E.D. Pa., S.D. Ohio, S.D. Ind., E.D.N.C., N.D. Ga., D. Nev., W.D. Okla., E.D. Mo.).  Represented patent holder Ronald A. Katz Technology Licensing in multidistrict patent infringement that includes nineteen separate lawsuits brought against almost 200 individual defendants involving interactive call processing, computer telephony and related services.
  • Richtenburg v. Wells Fargo Bank, N.A. (California Superior Court, San Francisco County).  Represented Wells Fargo in putative class action challenging fees charged to trust accounts and investments in collective and mutual funds.
  • Sun Microsystems, Inc. v. Microsoft Corporation (MDL D. Maryland, underlying case filed in N.D. Cal.).  Represented Microsoft in an antitrust lawsuit brought by Sun with wide-ranging claims relating to PC and server operating systems, office applications and several other leading Microsoft technologies.
  • AMC Technology v. SAP AG (E.D. Pennsylvania).  Represented SAP in trade secret and copyright litigation relating to CRM software.
  • Fujitsu Ltd. v. Cirrus Logic (California Superior Court, Santa Clara County).  Represented Fujitsu in a complex, multi-party contractual dispute relating to defective semiconductor chips sold to Fujitsu.
  • United States v. Visa U.S.A. (S.D.N.Y.).  Represented Visa U.S.A. in antitrust litigation brought by the United States, tried to Judge Barbara Jones in the Southern District of New York.  The government challenged Visa U.S.A.’s practice of allowing members also to issue MasterCard cards and its membership rule prohibiting members from issuing American Express or Discover cards.  The Court ruled in Visa’s favor on the first claim and against it on the second.
  • Stull v. Bank of America (California Superior Court, San Francisco County).  Represented Bank of America against claims brought by the State of California, hundreds of California municiplities and agencies, and a qui tam plaintiff alleging violation of the false claims act, failure to escheat unclaimed funds and fee and investment claims relating to the bank’s role as paying agent and indenture trustee.  Plaintiffs’ allegations spanned more than 30 years with more than $3 billion in claimed damages.  After a bench trial led to favorable rulings for the bank, the case settled.
  • Nickel v. Bank of America (N.D. Cal.), Seaman v. Wells Fargo Bank (California Superior Court, San Francisco County) and Banks v. Northern Trust Bank (California Superior Court, Los Angeles County).  In three separate class action lawsuits, defended corporate trustees against breach of fiduciary duty, fraud, unfair competition (California Business & Professions Code section 17200) and other claims relating to fees charged to trust accounts.
  • Syntex Corporation v. Hartford Insurance Company (California Superior Court, San Francisco County).  Represented Syntex in an insurance coverage action arising from environmental and personal injury claims.  The litigation included a three-month bench trial, a five-month jury trial and an appeal with the claims resolved very successfully for Syntex.
  • Atari Games Corporation v. Nintendo of America Inc. (N.D. Cal.).  Represented Atari Games in litigation against Nintendo relating to home video games with antitrust, trademark, copyright and patent claims.  Led to the first published appellate decision holding that a copyrighted computer program can be copied to analyze its functionality.  After a jury trial on Nintendo’s patent, trademark and trade dress claims, the case was settled.

Pro Bono

  • Serves on the Board of Directors for Legal Services for Prisoners with Children, an organization that offers advocacy and legal services to prisoners and their families.
  • Represented women prisoners in a class action seeking adequate health care services in California prisons.
  • Represented disabled students seeking improved access to special services and better opportunities for mainstreaming their education.
  • Northern California Super Lawyers, Intellectual Property Litigation (2013-2016)