Practice Areas
Global Litigation
IP Due Diligence
ITC Litigation
Intellectual Property
Patent & Trade Secret Litigation
Trademark & Copyright Protection
Admissions
New York
Education
Carleton College - B.A.
New York University School of Law - J.D.
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Profile
Dash Cole focuses his practice in the area of intellectual property law, including complex patent, trademark, and copyright litigation, trademark and copyright registration and enforcement, trade secret counseling, licensing of intellectual property, due diligence investigations, and patent vetting. His experience spans industries as diverse as biotechnology, FinTech, internet advertising, consumer products, medical devices, and telecommunications. Dash represents clients in U.S. District Courts including the Southern District of New York, the District of Delaware, the Eastern District of Texas, and the Central District of California, appellate courts including the Courts of Appeals for the First and Federal Circuits, and in agency proceedings including before the U.S. International Trade Commission and the Trademark Trial and Appeal Board.
Dash was included in the 2021-2024 editions of the Best Lawyers: Ones to Watch in America for his work in Commercial Litigation and Patent Litigation. He was also included in the 2024 edition of the Best Lawyers: Ones to Watch in America for his work in Intellectual Property Law.
Dash received his J.D. from the New York University School of Law. He is admitted to practice in the State of New York.
Experience
Representative District Court Litigations
- Jersey Shore Appetizer Company LLC v. American Food, Paper and Poultry LLC (D.N.J.): Representing food service distributors in lawsuit raising allegations of trademark infringement, false advertising, and breach of settlement agreement.
- C.R. Bard, Inc. v. AngioDynamics, Inc., (D. Del.): Defended AngioDynamics from the pleading stage through trial against allegations of patent infringement relating to vascular access port medical devices by Plaintiff Bard, who sought upwards of $200m in damages at trial. Following a successful Rule 50(a) motion, the Court issued judgment of in favor of AngioDynamics on noninfringement, invalidity, patent-ineligibility, and no willful infringement.
- C.R. Bard, Inc. v. AngioDynamics, Inc., (D. Utah): Defended AngioDynamics against similar charges of patent infringement in an earlier litigation filed by Bard in Utah.
- Markham Concepts, Inc. v. Hasbro, Inc. (D.R.I.): Represented creator of the Game of Life board game in suit seeking declaratory judgment as to rights of authorship and termination under the applicable Copyright Act.
- TriOptima Ltd. Quantile Technologies, Ltd. (E.D. Tex., P.T.A.B.): Represented Quantile in the Eastern District of Texas against allegations of patent infringement and trade secret misappropriation. Also represented Quantile in accompanying covered business method review at the USPTO. District court case was dismissed on Quantile’s motion to dismiss for lack of personal jurisdiction. Covered business method review resulted in the invalidation of all claims and the rejection of two separate motions to amend claims by TriOptima.
- FutBolr Global LLC v. FTBLR (S.D.N.Y.): Represented FutBolr Global, a soccer-inspired apparel brand, in a successful lawsuit raising allegation of trademark infringement, false advertising, and cybersquatting.
- Certain Beverage Dispensing Systems and Components Thereof (U.S.I.T.C.): Representing Complainant Anheuser-Busch InBev in the International Trade Commission in an investigation alleging infringement of patents relating to beer dispensing devices. The case was successfully terminated following confirmation that the accused products were no longer imported.
- Beneficial Innovations, Inc. v. Microsoft Corp, (E.D. Tex.): Defended Microsoft against allegations of patent infringement related to web-based targeted advertising.
- Adaptix Inc. v. AT&T Mobility LLC (N.D. Cal.): Defended AT&T Mobility against allegations of patent infringement related to 4G/LTE wireless networks. District court granted summary judgment of non-infringement of all seven asserted patent claims from the two patents-in-suit on January 20, 2015, and, further, invalidated four of those seven patent claims in a separate opinion on January 23, 2015.
Representative Appeals
- Markham Concepts, Inc. v. Hasbro, Inc. (First Cir.): Represented creator of Game of Life in appeal of merits of copyright and authorship decision. Case concluded after successful oral argument against attorneys’ fees payment.
- C.R. Bard Inc. and Bard Peripheral Vascular, Inc. v. AngioDynamics Inc. (Fed. Cir.): Representing AngioDynamics in pending appeal of dismissal of Bard’s entire case.
Representative USPTO Proceedings
- Aysha NY LLC v. Ashya LLC, Cancellation No. 92,084,257 (TTAB): Representing fashion designer in Cancellation proceeding against fashion designer using confusingly similar mark.
- Heineken N.V. v. Anheuser-Busch InBev S.A., IPR2018-01663 (PTAB)
- Heineken N.V. v. Anheuser-Busch InBev S.A., IPR2018-01665 (PTAB)
- Heineken N.V. v. Anheuser-Busch InBev S.A., IPR2018-01667 (PTAB)
- Heineken N.V. v. Anheuser-Busch InBev S.A., IPR2018-01669 (PTAB)
- Food Bank For New York City v. Walmart Apollo, LLC (TTAB): Successfully represented Food Bank in Opposition proceeding regarding Walmart’s use of a COOKSHOP trademark.
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