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Daniel Scott Leventhal

Partner

Daniel Scott Leventhal

Houston

T:+1 713 651 8360

Daniel Leventhal's practice focuses on patent litigation and counseling, with a focus on telecommunications, electronics, and Internet.  He has deep technological understanding in numerous areas including wireless and wired telecommunications, Internet and e-commerce software and services, microprocessors, display hardware, and medical devices.

Daniel believes the key to effective advocacy in patent litigation is to quickly and thoroughly learn and understand the technology at issue and use that understanding to guide strategy throughout the case.  He has experience in day-to-day management of patent litigation, including leading the development of strategic positions, coordinating document and information collection, taking and defending depositions, working with experts, and drafting and arguing motions and claim construction.  Daniel has handled cases in Federal courts across the country including the Northern and Central Districts of California, the Southern, Western, Northern, and Eastern Districts of Texas, the Western District of Wisconsin, the Western District of Washington, the Eastern District of Virginia, and the District of Delaware, as well as the International Trade Commission.

Daniel also has broad experience assisting companies in intellectual property transactions and licensing negotiations. Daniel has assisted intellectual property holders, acquirers and potential licensors in various endeavors. He has extensive experience in patent portfolio evaluation and has assisted and led negotiations regarding potential license and other technology transfer arrangements. Daniel has assisted companies approached by patent holders and led evaluation of claims and negotiations with patent holders. He has also assisted in providing formal opinions concerning potential infringement, validity and enforceability of client and third party intellectual property, including studying potential issues raised by new product launches.

Daniel is also licensed to practice before the US Patent and Trademark Office. He has experience in ex parte prosecution, as well as post-grant proceedings, including CBM's, IPR's, ex parte reexamination, and inter partes reexamination.

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  • Education

     

    • 2005 - J.D., honors, The University of Texas School of Law
    • 2002 - B.S., high honors, Electrical Engineering, The University of Texas at Austin 

    While in law school, Daniel was a member of the Texas Law Review, Chancellors Society, and Order of the Coif.

    Admissions:

    • State of Texas
    • Federal Court for the Southern District of Texas
    • Federal Court for the Eastern District of Texas
    • Federal Court for the Northern District of Texas
    • Federal Court for the Western District of Texas
    • Federal Court for the Western District of Wisconsin
    • United States Court of Appeals for the Federal Circuit
    • Patent Attorney before the United States Patent and Trademark Office

     

  • Representative experience
    • Major mobile device chip provider in defending a seven-patent investigation brought at the International Trade Commission.  The Complainant alleged that the seven patents covered various aspects of graphical processing units (GPUs) contained within accused smartphones.  After accelerated discovery and a multi-day evidentiary hearing, the ALJ determined that no violation of section 337 had been established.  Over Complainant's objections, the full International Trade Commission declined to review the ALJ's initial determination of no violation.  Complainant appealed to the Federal Circuit, but subsequently dismissed the appeal as well as a parallel district court action.
    • Leading mobile telecommunications provider in defending patent litigation suit in District of Delaware related to mobile payment technology; obtained favorable Markman ruling and stipulated judgment of noninfringement; Federal Circuit confirmed on appeal.
    • LCD panel maker in defending patent litigation suit in Eastern District of Texas relating to LCD driver technology; obtained favorable Markman ruling and summary judgment of noninfringement; case settled on appeal
    • Leading e-commerce provider in defending patent litigation suit in Eastern District of Texas and Northern District of California relating to database searching technology; after transfer, obtained summary judgment of invalidity; Federal Circuit dismissed appeal
    • Leading telecommunicaitons provider in defending patent litigation suit in the Eastern District of Texas related to automated messaging; obtained favorable Markman ruling; case settled after Markman and filing of multiple CBM requests.
    • Online financial services provider in defending patent litigation in the Eastern District of Texas relating to online banking security and alert technology; led joint defense group effort to encourage Court to adopt schedule delaying discovery and permitting defendants to file early summary judgment briefing; after Court adopted defendants' proposed schedule, obtained dismissal of client without prejudice.
  • Admissions
    • Texas State Bar License
    • US Patent & Trademark Attorney
  • Rankings and recognitions
    • Texas Super Lawyer, Intellectual Property Litigation, Thomson Reuters, 2013 - 2017
    • Texas Rising Star, IP Litigation, Thomson Reuters, 2009 - 2013
  • Publications
    • Co-author with Richard Zembek, Jonathan Franklin and Gilbert Greene, "En Banc Federal Circuit Addresses 'Joint Infringement' Standard," Fulbright Briefing, September 5, 2012
    • Co-author with Gilbert Greene, "Eastern District of Texas Addresses E-Discovery in Patent Cases in Local Rules Update," Fulbright Briefing, March 12, 2012
    • "En Banc Federal Circuit Addresses Standard for Inequitable Conduct," Fulbright Briefing, June 1, 2011
    • Co-author with Eagle Robinson and Tillman J. Breckenridge, "Patent State of Mind: Supreme Court Grants Cert in Global-Tech on Legal Standard for Inducing Infringement," Fulbright Alert, October 13, 2010
    • Co-author, "Supreme Court Issues Bilski – Business Methods Still Eligible, Federal Circuit to Address Further Business and Biotech Claims," Fulbright Briefing, June 2010
    • "Federal Circuit Addresses Intent to Induce Standard and Extraterritorial Limits of Infringement," Fulbright Briefing, February 2010
    • "En Banc Federal Circuit Holds, 'Section 271(f) Does Not Cover Method Claims,'" Fulbright Alert, August 2009
    • Co-author with John E. Schneider, "Tafas v. Doll: Federal Circuit Reverses Injunction on PTO Implementation of RCE and Claim Limitation Rules," Fulbright Briefing, March 2009
    • Contributing author, Annual Review of Intellectual Property Law Developments 2006-2008, January 2009 (ABA)
    • Co-author with Richard S. Zembek, "TruePosition Inc. v. Andrew Corp. – District Court Weighs in on Standard-Setting Organization Activity, ETSI IPR Policy, Equity, and Permanent Injunctions," Fulbright Briefing, August 2008
    • Co-author with Richard S. Zembek and Carlos Rainer, "FTC Finds Rambus Unlawfully Obtained Monopoly Power as Part of Involvement in a Standard-Setting Body and Violation of its IPR Policy," Fulbright Alert, August 2006
  • Speaking engagements
    • "Daniel Leventhal on Multi-and Mega-Defendant Patent Litigation - A Defendant's Perspective," LexisNexis Podcast, April 29, 2011
    • Panelist, "Fulbright Forum: The Rise of Multi-Defendant Patent Litigation: A Defendant's Perspective," Fulbright & Jaworski L.L.P. - Intellectual Property & Technology Web Seminar, February 1, 2011
    • "The Lifecycle of a Patent Litigation," In-House Presentation, Houston, Texas, August 18, 2010 
    • Moderator, Houston IP Law Association Fall Institute, Houston, Texas, October 2009
    • Co-Presented with Walter Ulrich, "Strategic Implications of Technology for the Houston Region, Its Implications for Intellectual Property and the Role of the Houston Technology Center," Houston IP Law Association, Houston, Texas, September 2009
    • Co-Presented with Ann L. Morgan, "Intellectual Property Litigation," Houston Association of Legal Professionals, Houston, Texas, January 2009, January 2012
    • Co-Presented with Maria Walsh and Tracy Leibovitz, "Intellectual Property Law and Software Licensing," November 2008
    • "Intellectual Property for Engineers," University of Texas at Austin, Electrical Engineering Department, Austin, Texas, Spring 2006, Fall 2006, Spring 2007
  • Memberships and activities
    • Houston Intellectual Property American Inn of Court, Barrister
    • Houston Young Lawyers Association
      • Adopt-An-Angel Committee
      • Leadership Academy
    • Houston Volunteer Lawyers Program
    • Houston Bar Association
      • Special Olympics Committee Member
      • LegalLine Participant
    • Houston Intellectual Property Law Association
    • Institute of Electrical and Electronics Engineers (IEEE)
    • American Intellectual Property Law Association
    • Coach, JCC Maccabi Games
    • Texas Bar Foundation, Fellow
    • Cardozo Society of Jewish Federation of Houston, 2014 Vice Chair, 2015 Co-Chair