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Background

Daniel Gopenko helps technology companies protect their intellectual property and avoid infringement risks.  Mr. Gopenko’s expertise lies in intellectual property litigation and counseling across a wide range of technologies.  Mr. Gopenko has represented clients from complaint through trial in federal district courts throughout the country, including extensive experience before the “rocket docket” of the United States District Court for the Eastern District of Virginia and the United States International Trade Commission (ITC).

Mr. Gopenko has handled various aspects of both offensive and defensive complex litigation, including pre-suit investigations, fact and expert discovery, preparation and taking of depositions, motions practice, trials, and appeals.  Mr. Gopenko also has experience in proceedings before the United States Patent and Trademark Office (USPTO), including patent prosecution, Inter Partes Review (IPR), and Covered Business Method Review (CBM).  He serves his clients by learning their business and helping them to develop creative strategies and implement effective solutions.

Mr. Gopenko specializes in high technology litigation and his technical expertise covers a wide range of areas, which include computer hardware and software, website design, social networking, display devices, wireless communications, control systems, flash memory, micro-electro-mechanical systems, industrial manufacturing, Internet services, and consumer recreational products.  He also devotes some of his professional time to pro bono matters, including working with the Children’s Law Center.

Mr. Gopenko served as a Judicial Intern to the Honorable Randall R. Rader, Chief Judge, at the United States Court of Appeals for the Federal Circuit (2012), as well as a Judicial Intern to the Honorable Susan G. Braden at the United States Court of Federal Claims (2011).  Prior to and during law school, Mr. Gopenko worked as a patent agent at a boutique firm in the Washington D.C. area and as a summer associate at Fish.  Mr. Gopenko also worked as an Intern Radio Frequency Design Engineer at Digital Receiver Technology, Inc., which is a subsidiary of The Boeing Company (2008-2009).

Mr. Gopenko earned a JD with honors from The George Washington University Law School in 2012.  During law school, he was the Student Editor-In-Chief of the American Intellectual Property Law Association Quarterly Journal.  He earned a B.S., cum laude, in Electrical Engineering from the University of Maryland in 2009.  During his time at Maryland, Mr. Gopenko was very involved with the engineering community, including serving as the Engineering Student Council President (2008-2009) and Vice President (2007-2008).  In recognition of his work as a campus leader, he was selected for membership in the prestigious Omicron Delta Kappa National Leadership Honor Society and his name is inscribed on the landmark fountain at the center of the Maryland campus.​

Education

J.D., George Washington University Law School 2012
with honors


B.S., University of Maryland 2009
Electrical Engineering, with minor in Project Management
Tau Beta Pi National Engineering Honor Society; Eta Kappa Nu Electrical Engineering and Computer Science Honor Society; Omicron Delta Kappa National Leadership Honor Society
cum laude

Admissions

  • U.S. Patent and Trademark Office 2010
  • Virginia 2012
  • District of Columbia 2014
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia

Languages

  • English
  • Russian

Memberships & Affiliations

​Member, Federal Bar Association (Northern Virginia Chapter and Section on Intellectual Property Law); Giles S. Rich American Inn of Court; American Bar Association, American Intellectual Property Law Association; ITC Trial Lawyers Association, Institute of Electrical and Electronics Engineers.

Student Editor-In-Chief of the American Intellectual Property Law Association Quarterly Journal (2011-2012); Editorial Staff Member (2010-2011).  

George Washington University Law School Moot Court Board

Other Distinctions

ABA/BNA Award for Excellence in the Study of Intellectual Property Law.
George Washington University Law School Dean’s Fellow (2011-2012).

Selected Publications

"9 Common Pitfalls With Post-Grant Proceedings," Law360 (2014).

Reconsidering The De Novo Standard of Review in Patent Claim Construction, 40 AIPLA Q.J. 315 (2012).

Experience

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