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Daniel P. Muino

Partner
Washington D.C., (202) 887-1501
Dan
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Daniel Muino is an intellectual property litigator with more than a decade of experience litigating patent, trademark, copyright, and trade secret matters in federal courts around the country.

Mr. Muino has managed high-stakes IP litigation between competitors, as well as litigation against non-practicing patent holders. The technologies in his cases have been diverse, including the Java and Android software platforms, the UNIX operating system, IEEE 802.11 wireless networking devices, MEMS gyroscopes and accelerometers, web advertising platforms, streaming media technology, biomedical devices, and guitar amplifiers.

Mr. Muino’s IP practice has included several jury trials and arbitration hearings. In 2010, following a three-week trial, a jury rendered a verdict for client Novell affirming its ownership of copyrights to the UNIX computer operating system. In 2012, Mr. Muino helped manage the trial team on behalf of Oracle in its IP lawsuit against Google over the Android operating system. Earlier trials and hearings involved medical devices and software products.

Mr. Muino also has experience in securities, accounting malpractice, and unfair competition litigation. On a pro bono basis, Mr. Muino has authored amicus briefs to the U.S. Supreme Court and state supreme courts concerning matters of constitutional rights. Mr. Muino previously served as a law clerk at the Institute for Justice, a public interest law firm dedicated to the defense of constitutional rights.

Mr. Muino received his law degree from the University of Chicago in 2000, where he was awarded the Thomas R. Mulroy Prize for Excellence in Appellate Advocacy. He was also on the Hinton Moot Court Board. He graduated with a Bachelor of Arts, cum laude, from Harvard University in 1995.

Augme Technologies v. Yahoo Inc. (Northern District of California)
Obtained summary judgment of non-infringement for Yahoo! on patents related to techniques for adding software functions to web pages. (2012)
Oracle America v. Google (Northern District of California)
Representing Oracle America in an action for copyright and patent infringement based on Google's inclusion of Java platform technology in the Android software platform and operating system.
SCO Group v. Novell (District of Utah)
Obtained a defense jury verdict for Novell following a three-week trial in which the jury determined that Novell owned the copyrights to the UNIX computer operating system. Also prevailed on contract claims presented to the district court. Successfully defended the jury verdict and district court rulings on appeal. (2010)
Bayer HealthCare v. Roche Diagnostics Corp., et al. (District of Delaware)
Represented Bayer in a patent infringement case involving technologies related to blood glucose monitoring devices.
American Airlines v. Yahoo! Inc. (Northern District of Texas)
Represented Yahoo! in a trademark infringement case related to keyword bidding in search engine advertising.
Resonate v. Alteon (Northern District of California)
Obtained summary judgment of non-infringement for Alteon on a patent related to website load balancing methods, and successfully defended the judgment on appeal.
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