Dan is an intellectual property litigator and trial lawyer with two decades of experience litigating patent, trade secret, and copyright matters in federal courts around the country and at the U.S. International Trade Commission (ITC). He is an editor of the MoFo@ITC guide to Section 337 investigations.
Dan has helped lead litigation and trial teams in numerous complex IP cases, including a couple of the most high-profile IP disputes in the last decade. In 2019, he was first-chair trial counsel at an ITC trial defending chipmaker Renesas against Broadcom’s patent infringement allegations, which resulted in a complete victory for Renesas before the judge, the Commission, and the Federal Circuit. In the closely-watched Waymo v. Uber autonomous vehicle trade secret litigation (which culminated in a trial in 2018), Dan helped lead the technology team defending Uber against Waymo’s claims. In 2015, he served as trial counsel at a seven-day patent jury trial that resulted in a verdict in favor of client Microscan against competitor Cognex. In 2012, he managed the trial team for Oracle in its IP lawsuit against Google over the Android operating system. In 2010, he helped manage the trial team for Novell in a three-week jury trial that resulted in a complete win against SCO’s claims concerning the ownership of the UNIX copyrights. Other trials and hearings involved medical devices, software products, and computer hardware.
The technologies in his cases have been diverse, including self-driving vehicles, LiDAR, the Java and Android software platforms, the UNIX operating system, semiconductor fabrication, integrated circuits, IEEE 802.11 wireless networking devices, MEMS gyroscopes and accelerometers, web advertising platforms, rare earth magnets, medical devices, and barcode scanners.
On a pro bono basis, Dan has served as defense trial counsel alongside the public defender in federal court, and has authored amicus briefs to the U.S. Supreme Court and state supreme courts concerning matters of constitutional rights. He received his J.D. from the University of Chicago Law School, where he was awarded the Thomas R. Mulroy Prize for Excellence in Appellate Advocacy.
(International Trade Commission, 337-TA-1119). Lead counsel for respondent Renesas in an ITC investigation initiated by Broadcom involving systems-on-chip powering automobile infotainment systems. Following an ITC trial, secured a complete victory before the Administrative Law Judge and the Commission on all four patents asserted against Renesas; invalidated claims of two of the patents in related IPRs; and successfully defended these victories on appeal to the Federal Circuit.
(Northern District of California). Representing plaintiff Teradata in an action against SAP for trade secret misappropriation and antitrust violations relating to SAP’s HANA database.
(Northern District of California). Represented Uber in a high-profile action brought by Waymo for alleged trade secret misappropriation pertaining to LiDAR sensors for autonomous vehicles.
(International Trade Commission, 337-TA-994). Lead counsel for respondent BlackBerry in an ITC investigation involving a hierarchical user interface for accessing music tracks on portable media players. Respondents obtained an early initial determination from the ALJ finding the asserted patent invalid under 35 U.S.C. § 101.
(Southern District of New York). Won a jury verdict of infringement, validity, and reasonable royalty damages for plaintiff Microscan in a patent case related to high-end barcode scanners.
(International Trade Commission, 337-TA-855). Represented complainants Hitachi Metals and its U.S. affiliate in an ITC investigation involving high-strength magnets made of neodymium and other rare earth elements. Obtained favorable settlements for clients with more than two dozen respondents.
(Northern District of California). Won summary judgment of non-infringement for Yahoo! on two patents asserted by Augme covering Internet display advertising technology. Augme stipulated to infringement of one of Yahoo!’s patents. The judgment was affirmed on appeal.
(Northern District of California). Represented 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, culminating in a month-long jury trial.
(District of Utah). Won 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. Successfully defended the judgment on appeal.
Obtained a complete victory for our client in high-stakes arbitration. Our client, a multinational corporation in the medical field, was accused of infringing a number of its competitor’s patents, with potential damages well into the nine-figure range. Following fact and expert discovery and a two-week evidentiary hearing, our client prevailed on either non-infringement or invalidity on every patent—an unusually complete victory for one side in the arbitration context.
(Northern District of California). Won summary judgment of non-infringement for Alteon on a patent related to website load balancing methods, and successfully defended the judgment on appeal.