Daniel L. Moffett

Partner

Areas of Focus

Daniel L. Moffett

Partner

dmoffett@akingump.com

Areas of Focus

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Biography
  • Lead trial lawyer who represents public and private companies in patent, trade secret, and trademark litigation in district courts throughout the country.
  • Advises on challenges and defenses to patent validity in Patent Trial and Appeal Board (PTAB) proceedings.
  • Advises clients on procurement, maintenance, and enforcement of their valuable intellectual property.

Daniel L. Moffett’s practice encompasses all aspects of intellectual property (IP) procurement and protection, with a focus on complex patent, trade secret and trademark litigation. He has served as lead counsel and lead technical counsel in cases involving claims of patent infringement, antitrust violations and theft of trade secrets. He also has first-chair experience representing clients before the Patent Trial and Appeal Board (PTAB) in inter partes review proceedings. PTAB review, including the effect of PTAB decisions in district court proceedings, is a rapidly changing area affecting patent litigation. Daniel’s experience helps him provide clients with the best strategy for navigating parallel PTAB and district court proceedings.

Daniel’s experience extends to all aspects of IP litigation, including the examination and cross-examination of witnesses at trial, taking and defending key depositions, Markman proceedings, summary judgment, arbitration and appeal work. He represents a diverse group of clients, including clients in the medical device, biotechnology, animal genetics, consumer products, digital communications, database software, Internet software, retail grocery, restaurant and entertainment industries.

In addition to district court and patent office litigation, Daniel’s practice includes prosecution of trademark applications; licensing and assignment of patents, trademarks, copyrights and other IP; and counseling clients regarding intellectual property matters.

Representative Work
  • For a company in the animal genetics industry, served as legal defense in an antitrust case that challenged the client’s sector dominance. At stake were potential damages of more than $70 million and significant loss of market share. We identified high-impact counterclaims of patent infringement and trade secret misappropriation to “even the field” at the two-week jury trial in the plaintiff’s hometown. We prevailed in the antitrust defense based on a “no-injury” finding, as well as on our client’s patent and trade secret counterclaims. The win yielded approximately $19 million in past damages and ongoing royalties to the client.
  • Represented a client suing its former licensee for patent infringement and breach of contract and defended the client against antitrust violations in the licensee’s countersuit. After a three-week jury trial, we secured a jury verdict in our client’s favor, finding that its patents were willfully infringed and valid and that the licensee had breached the parties’ contract and that its antitrust claims were unproved. The damages award in our client’s favor marked the third-largest jury verdict in Colorado for 2016. Had the client lost with regard to the antitrust claims or patent validity, it would have been liable for treble damages up to $120 million.
  • Represented an animal genetics company and its biotechnology engineering subsidiary in asserting patent infringement claims against a key competitor relating to microfluidic-based cell sorting. The competitor filed counter-claims against our client alleging breach of contract. After a one-week trial, our client prevailed in its patent infringement claims, as well as in its defense against the defendants’ breach of contract counterclaims. The win yielded more than $13 million in past damages to the client.
  • Counseled a major original design manufacturer against a competitor in a patent infringement lawsuit in the Eastern District of Texas; obtained a complete defense verdict in a jury trial on four patents related to digital television technology.
  • Represented a global medical technology company and top-ranked university in multiple patent infringement lawsuits against competing global medical device manufacturers.
  • Advised a leading social gaming company in a patent infringement lawsuit in the Eastern District of Texas; obtained a complete defense verdict of noninfringement in a jury trial on two patents.
  • Represented an internet financial technology company as defendant/counterclaim-plaintiff in breach of contract, unfair competition and misappropriation of trade secrets litigation concerning technology for remote check deposits. Our client’s claims were among the first brought under the DTSA; the case settled favorably for the client in the midst of early, dispositive motion practice that would undercut all of the opposing party’s claims.

Education
  • J.D., University of Texas School of Law, with high honors, 2005

  • B.S., University of Texas at Austin, 2000

Bar Admissions
  • Texas

  • U.S. Patent and Trademark Office

Recognitions
  • IAM Patent 1000—The World’s Leading Patent Professionals, Texas, 2022
  • Lawdragon, Top 500 Leading Litigators in America, 2023
  • The Legal 500 US, Patents: litigation (full coverage), 2020 to 2023.
  • IAM Patent 1000—The World’s Leading Patent Professionals, Texas, 2022Lawdragon, Top 500 Leading Litigators in America, 2023
  • Named a “Rising Star” in the field of IP litigation by Texas Super Lawyers, 2012 to 2017.
Affiliations and Public Service
  • Member of the University of Texas School of Law Alumni Association Executive Committee and the San Antonio Regional Committee.
  • Fellow of the Texas Bar Foundation.
  • Past Sponsorship Chair, St. Jude Texas Hold ‘Em Tournament and Benefit raising money for St. Jude Children’s Research Hospital.
  • Provides pro bono legal services in IP and family law matters.

Insights and Achievements

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              Distinguished by our areas of focus, as a cohesive and integrated firm, we are defined by the caliber of our work, the responsiveness of our service and a culture that is rooted in collaboration and forward-thinking.

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