Key Experience

  • Represents public and private companies in enforcing patent and trade secrets rights in litigation and defending against patent infringement claims.
  • Advises on challenges and defenses to patent validity in Patent Trial and Appeal Board (PTAB) proceedings.
  • Procures and enforces trademarks.

Practice

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 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.

Representative Work

  • Advised an animal genetics company with regard to a suit filed by one of its largest customers for antitrust violations. The client’s customer also filed three inter partes review petitions challenging the client’s patents. The customer sued for $70 million in damages, and the client countersued for patent infringement, trade secret misappropriation and breach of contracts. The firmed filed a post grant review petition and three inter partes review petitions challenging the suing customer’s patents. After a two-week trial, client was awarded damages for trade secret theft and patent infringement, as well as an ongoing royalty.
  • 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. 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.
  • 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.

Public Service and Affiliations

Recognition