Steven Daniels has over twenty-five years of experience in the litigation of intellectual property disputes, including patent, trademark, and trade dress infringement, and trade secret misappropriation, trademark infringement, as well as in the litigation of contract disputes and of claims arising out of allegations of unfair trade practices and unfair competition. He has served as lead counsel in cases in district courts throughout the country, in the ITC, in the Federal Circuit Court of Appeals, and in state courts in Texas, California, and Georgia, and has provided strategic counseling in cases in the European Union, Canada, and Asia, as well as with respect to patent portfolio evaluation, monetization, licensing, patent reexamination and inter partes review proceedings, and patent acquisition.
Mr. Daniels has represented clients ranging from Fortune 50 Corporations to individuals and sole proprietorships. He has repeatedly been recognized by America’s Best Lawyers and Texas Super Lawyers, and the law firm he founded before joining Dickinson Wright was recognized as one of America’s Best Law Firms.
Mr. Daniels’ intellectual property experience comprises many technologies, such as, medical devices, gaming devices, computer hardware and software, wireless devices, semiconductors, and pharmaceuticals. Mr. Daniels’ experience includes advising the parties regarding intellectual property issues likely to arise during the negotiation of the United States-Korea Free Trade Agreement and providing seminars and lectures on American intellectual property law to judges and patent examiners of the Korean Intellectual Property Office and the Korean Innovators Forum.
Education & Credentials
Education
University of New Mexico
B.A., English with Minor in Biochemistry , 1987- with Honors
University of North Carolina at Chapel Hill
M.A., English, 1992- Ruth Rose Richardson Fellow
University of North Carolina at Chapel Hill
J.D., 1995- cum laude
- Articles Editor of North Carolina Law Review
Bar Admission
Acknowledgements
- The Legal 500 United States
- Intellectual Property - Patents, Litigation, 2023
- Intellectual Property - Patents, Licensing, 2023
- IAM Patent 1000
- Litigation
- Best Lawyers in America®
- Litigation - Intellectual Property & Litigation - Patent, 2013-2023
- Litigation - Intellectual Property, 2024
- Texas Super Lawyers®
- Litigation - Intellectual Property & Litigation - Patent, 2011-2020
- The National Law Journal
- “Defense Hot List,” IP Litigation, 2013
Representative Clients
- Acer, Inc.
- Hewlett-Packard Co.
- T-Rex Property AB, Ltd.
- Word to Info, LLC
- Xerox Corp.
Prominent Assignments
Lucent v. Tymann, et al. (D. Mass.): We were hired by Cisco to represent 11 employees who left Lucent to start up Cisco’s new optical networking division and were sued by Lucent for misappropriation of trade secrets. The court denied Lucent’s motion for a preliminary injunction that would have prevented the employees from working until the suit was complete (which would have left Cisco far behind the competition in optical networking equipment). Lucent ultimately dismissed the case less than a year after filing it and issued a public apology to the employees.
Alcatel v. Monterey Networks and Cisco Systems (E.D. Texas): Part of a team defending Cisco and its acquisition Monterey Networks in a trade secret misappropriation and patent infringement lawsuit brought by Alcatel related to former employees’ alleged misappropriation of trade secrets related to Monterey’s flagship product. Concluded favorably in a confidential binding arbitration after several years of litigation.
Innovative Solutions & Support, Inc. v. Kohlsmann, et al.(M.D, Tenn.): Represented aviation equipment manufacturer IS&S against Kohlsmann, a large defense manufacturer, and two former IS&S employees who misappropriated IS&S trade secrets to start company making air data computers, which was acquired by Kohlsmann. After a five week trial in Memphis, the jury found in IS&S’s favor on all counts against all defendants and awarded the full measure of damages, as well as treble damages for willful and malicious misappropriation, for a total of $27 million.
SinCo v. Xingke (N.D. Cal. and Santa Clara Superior Court): Represented SinCo in federal and state trademark and trade secret litigation against a contract manufacturer and former SinCo employees who, among other things, misappropriated trade secrets related to SinCo’s business of manufacturing parts for electronic devices. Settled for $26 million on the eve of jury selection.
HNC Software and Fair Isaac v. Pulse EFT Assoc. (E.D. Va. And S.D. Tex.): Represented HNC Software and Fair Isaac on claims of patent infringement and trade secret misappropriation related to the Pulse ATM Network’s licensing and subsequent alleged copying of HNC’s security software. Settled on favorable terms.
Representing international telecommunications company in worldwide licensing and enforcement program related to standard essential WiFi patents.
Evaluated standard essential LTE patent portfolio of large telecommunications company for potential acquisition by confidential buyer.
Negotiated license between global licensing entity and major Asian technology company related to standard essential 4G and LTE patents.
Represented Nang Kuang Pharmaceutical Co. Ltd. in a Hatch-Waxman action over an ANDA filing concerning bendamustine hydrochloride used in the treatment of patients with chronic lymphocytic leukemia. Cephalon, Inc., v. Nang Kuang Pharmaceutical Co., Ltd. and CANDA NK-1, LLC (EDNY).
Represented HEC entities in a Hatch-Waxman action over an ANDA filing concerning fingolimod used in the treatment of patients with relapsing forms of multiple sclerosis. Novartis AG, Novartis Pharmaceuticals Corp., Mitsubishi Tanabe Pharma Corp., and Mitsui Sugar Co. Ltd. v. HEC Pharm Co., Ltd., HEC Pharm Group, and HEC Pharm USA Inc. (D Del.).
Represented Nang Kuang Pharmaceutical Co., Ltd. and CANDA NK-2 in a Hatch-Waxman action over an ANDA filing concerning pemetrexed used in the treatment of patients with advanced nonsquamous non-small cell lung cancer and malignant pleural mesothelioma. Eli Lilly and Company and The Trustees of Princeton University v. Nang Kuang Pharmaceutical Co., Ltd. and CANDA NK-2, LLC (Southern District of Indiana).
Represented patent owner in four IPRs related to digital signage. Defeated institution on all but two claims. IPRs dismissed after institution decision.
Represented Hewlett-Packard, Lenovo, and Acer in suits brought by Quantum World alleging infringement by the Trusted Platform Module (TPM) used in computer security. The Quantum World Corp. v. Hewlett-Packard, Acer, Inc., and Acer America, et al. (Eastern District of Texas); The Quantum World Corp. v. Lenovo Corp., et al. (Eastern District of Texas).
Represented HP, Creative Labs, Lifeworks, and numerous electronics retailers in a suit involving webcams used with LCD monitors. AdjustaCam LLC v. Hewlett-Packard, Creative Labs, Lifeworks, et al. (Eastern District of Texas).
Represented Edwards Lifesciences in patent litigation relating to medical devices for heart valve replacement and repair. Edwards Lifesciences Corporation v. St. Jude Medical (Central District of California) and Medtronic, Inc. (District of Delaware).
Represented Acer in patent litigation against Hewlett-Packard Co.in district court and the ITC involving several areas of computer technology, including I/O systems, device drivers, and power management. Acer Inc. et al. v. Hewlett-Packard Co. (Western District of Wisconsin); In the Matter of Certain Computer Systems, Printers and Scanners (U.S. International Trade Commission).
Represented Gateway in 19-patent suit involving computer hardware and software components. Hewlett-Packard Development Company, L.P. v. Gateway, Inc. (Southern District of California).
Represented ORG Structure Innovations, LLC, against Oracle Corp. in patent infringement litigation related to software enabling core business security processes. ORG Structure Innovation, LLC v. Oracle Corp., et al. (Northern District of Illinois, Northern District of California, Western District of Texas).
Represented Innovative Solutions & Support in trade secret and patent litigation relating to the company’s proprietary air data avionic computers. After a four-week jury trial, the jury returned a substantial verdict in favor of ISS, later increased by an award of treble damages and fees. Innovative Solutions & Support v. Kollsman, Inc., et al. (Western District of Tennessee).
Defended Gateway in 15-patent suit involving MPEG video coding, caller-ID, low bit-rate speech coders, and other computer-related technologies. Lucent Technologies, Inc., et al. v. Gateway, Inc., et al. (Southern District of California).
Represented Gateway and Lenovo as defendants in a patent infringement suit relating to wireless data communications. Linex Technologies, Inc. v. Belkin International, Inc., et al. (Eastern District of Texas).
Defended Cisco in multi-jurisdictional patent infringement and trade secret dispute involving networking technology. Lucent Technologies, Inc. v. Cisco Systems (multiple jurisdictions).
Represented ten employees who left Lucent to join Cisco in a suit alleging misappropriation of trade secret information in the optical networking industry. Lucent Technologies v. Daniel Tyman, et al. (U.S. District Court, Massachusetts).Professional Involvement
- American Intellectual Property Law Association
- Austin Intellectual Property Law Association
- Federal Circuit Bar Association
Court Admissions
- All state and federal courts in Texas
- All state and federal courts in California
- All state and federal courts in Georgia
- United States Court of Appeals for the Federal Circuit
- United States Court of Appeals for the Eleventh Circuit
Publications/Presentations
- eBay and Its Aftermath: Injunctions, Ongoing Royalties, and Compulsory Licensing, 2 Sungkyunkwan Journal of Science & Technology Law 385
- Steven R. Daniels and Chaho Jung, Significant Patent Cases from the United States Court of Appeals for the Federal Circuit, Korean Intellectual Property Journal, 2005-1.
- Kevin Kudlac and Steven Daniels, Intellectual Property Issues on the Internet, for the Annual Cyberlaw Institute, National Business Institute, Austin and San Antonio, Texas.