Daniel Scott Leventhal

Sr. Associate

Fulbright & Jaworski LLP

Daniel Scott Leventhal

Houston

T:+1 713 651 8360

F:+1 713 651 5246

Senior Associate Daniel Leventhal practices in the intellectual property section. Daniel's practice focuses on patent litigation, transactions and prosecution covering various technological areas including:  

  • Wireless devices
  • Internet and e-commerce software and services
  • Wired and wireless network infrastructure
  • Communication software
  • Display hardware
  • Medical devices
  • Storage 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 various stages of patent litigation including drafting pleadings, infringement and invalidity contentions, claim construction briefing, discovery requests, responses, motions, and summary judgment briefing. He also has experience arguing claim construction issues, taking and defending depositions, and coordinating document collection, production and review. 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.

Daniel also has broad experience assisting companies in intellectual property transactions. 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 both ex parte and inter partes reexamination proceedings, both as a third-party requester and a patent owner. Daniel has experience drafting all types of Patent Office submissions including applications, continuation claims, responses to Office Actions, petitions, pre-appeal and appeal briefs, as well as conducting examiner interviews.

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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

    Litigation Matters

    • 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
    • Telecommunications backbone provider in defending patent litigation in the Eastern District of Virginia relating to routing of VoIP traffic; after substantial document production and written discovery, case settled favorably shortly prior to expert report deadlines
    • 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
    • Leading e-commerce provider in defending patent litigation suit in Eastern District of Texas relating to online dating database access; after defendants produced invalidity contentions, including locating several prior art existing systems and accompanying source code, Plaintiff voluntarily moved to stay case and filed for reexamination; case currently stayed

    Transactional Matters

    • Patent owner in reexamination of patent relating to routing of network traffic; parallel litigation on patent was stayed pending result of reexamination; obtained allowance of all reexamined claims after appeal to Board of Patent Appeals
    • Patent holder in developing licensing materials and conducting licensing meetings for a substantial patent portfolio relating to multiple wireless standards including WCDMA, cdma2000, 802.11, Bluetooth, WiMax and LTE
    • Telecommunications hardware provider in conducting freedom to operate analysis in connection with launch of a new product
    • Internet services provider in the negation of a license agreement for patent portfolio relating to user content reviews
  • Professional activities
    • Houston Intellectual Property American Inn of Court, Associate
    • 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
  • Professional honors
    • Texas Super Lawyer – intellectual property litigation, Thomson Reuters (2013 - 2014)
    • Texas Rising Star - IP litigation, Thomson Reuters (2009 - 2013)
  • 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
  • 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
  • Civic involvement

    Coach, JCC Maccabi Games

  • Licenses
    • Texas State Bar License
  • Interests

    Daniel enjoys playing and attending sporting events, cooking and traveling.