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  • Overview
  • Experience

About Daniel

Daniel Tishman represents both plaintiffs and defendants in complex patent litigation in federal district courts, and before the International Trade Commission. Dan also has experience representing petitioners and patent owners in post-grant proceedings, and has represented clients before the U.S. Customs & Border Patrol in proceedings pursuant to 19 C.F.R. Part 177. He has represented and provided strategic counseling to clients in the consumer electronics, chemical, and automotive industries.

Dan’s broad patent litigation experience includes all phases of cases, from pre-suit investigations, fact and expert discovery, claim construction, dispositive motions, trials, and appeals. At trial, he has handled witness examination and preparation (both fact and expert witnesses). He has also taken the lead on evidentiary matters in numerous trials, including arguing evidentiary motions. Additionally, Dan has taken and defended numerous depositions (both fact and expert witnesses), argued terms at Markman hearings, and has assisted in preparing appellate briefs and arguments.

In addition to his patent litigation practice, Dan dedicates time to pro bono matters, including workplace discrimination and immigration cases.

From 2011-2013, Dan served as a judicial clerk for the Honorable Yvette Kane of the United States District Court for the Middle District of Pennsylvania.

Certain Lithium Ion Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Products Containing Same, Inv. 337-TA-1181 (ITC) – Represent complainants LG Chem, LG Energy Solution, and Toray against respondent SK Innovation in four-patent case involving battery separator and cathode technology. Case pending.

Certain Pouch-Type Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Products Containing Same, Inv. 337-TA-1179 (ITC) – Represent respondents LG Chem and LG Energy Solution against complainant SK Innovation in patent case involving pouch battery technology. Case pending.

Certain Subsea Telecommunication Systems and Components Thereof, Inv. 337-TA-1098  (ITC) – Represented respondent NEC against complainant Xtera in multi-patent case involving subsea telecommunication systems. Following trial, obtained determination of no violation.

Immersion Corp. v. Samsung Electronics (E.D. Tx.) – Representing defendant Samsung Electronics in multi-patent case involving haptics technology. Favorable settlement.

Certain Batteries and Electrochemical Devices Containing Composite Separators, Components Thereof, and Products Containing Same, Inv. No. 337-TA-1087 (ITC) – Represented complainants LG Chem and Toray against respondent ATL in multi-patent case involving lithium ion battery technology. Favorable settlement following trial.

SEVEN Networks v. Samsung Electronics (E.D. Tx.) – Representing defendant Samsung Electronics in multi-patent infringement case involving consumer electronics technologies related to power usage algorithms. Favorable settlement.

Certain Hybrid Electric Vehicles and Components Thereof, Inv. No. 337-TA-1042 (ITC) – Represented complainants Paice and Abell against Ford in multi-patent case involving hybrid-electric vehicles. Favorable settlement following trial.

Certain Hybrid Electric Vehicles and Components Thereof, Inv. No. 337-TA-998 (ITC) – Represented complainants Paice and Abell against Volkswagen, Audi, and Porsche in multi-patent case involving hybrid-electric vehicles.  Favorable settlement.

Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing Same, Inv. No. 337-TA-972 (ITC) – Represented respondent Nautilus Hyosung against Diebold in multi-patent infringement case involving a wide array of technology associated with ATMs.  Obtained finding of non-infringement as to certain products.

Paice LLC  v. Hyundai Motor Co., et al. (D. Md.) – Represented Paice and Abell in multi-patent infringement case involving hybrid-electric vehicles. Favorable settlement following trial, after obtaining $28.9 million verdict and finding of willfulness for client Paice and Abell.

Certain Television Sets, Televisions Receivers, Television Tuners, and Components Thereof, Inv. No. 337-TA-910 (ITC) – Represented respondent LG in ITC investigation against complainant CrestaTech in multi-patent infringement case involving television tuner technology. Following trial, obtained determination of no violation.

Certain Microelectromechanical Systems (“MEMS Devices”) and Products Containing the Same, Inv. No. 337-TA-876 (ITC) – Represented respondent InvenSense against complainant STMicroelectronics in multi-patent infringement case involving MEMS technology. Favorable settlement during trial.

IMS Health Inc. v. Symphony Health Solutions, Corp. et al. (D. Del.) (ITC) – Represented IMS Health in multi-patent infringement case involving healthcare analytics and informatics. Favorable settlement.

Ericsson v. Samsung Electronics (E.D. Tx.) (ITC) – Represented defendant Samsung Electronics in multi-patent infringement case involving a wide array of consumer electronics technologies. Favorable settlement.

Focus Areas
Education

J.D. summa cum laude, Order of the Coif, Tulane University Law School (2011) Managing Editor, Tulane Law Review


B.S. cum laude, Information Science and Technology, Pennsylvania State University (2007)

Admissions
  • District of Columbia 2014
  • Supreme Court of the United States 2017
  • U.S. Court of Appeals for the Federal Circuit 2016
  • U.S. Court of Appeals for the Fourth Circuit 2018
  • U.S. District Court for the District of Columbia 2017
  • U.S. District Court for the Eastern District of Texas 2018
Clerkships

U.S. District Court for the Middle District of Pennsylvania, The Honorable Yvette Kane, 2011 - 2013

Memberships & Affiliations

ITC TLA, Young Lawyers Committee

What's trending with Daniel

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News
February 15, 2019
Fish & Richardson and Washington Lawyers’ Committee for Civil Rights and Urban Affairs Win Landmark Decision in Gender Discrimination Case
Press Release
News
News
February 4, 2019
Fish & Richardson Elevates 11 Attorneys to Principal
Press Release
News
Blog
July 24, 2015
PTAB’s Construction Must Be “Reasonable” In Light of All Intrinsic Evidence, PTAB May Require Patentee to Show Amended Claims Are Patentable Over All Prior Art of Record
Author: Daniel A. Tishman
IP Litigation
Federal Circuit
Blog
July 24, 2015
District Courts Deciding Whether to Modify a Protective Order to Allow U.S. Discovery to Be Used in Foreign Litigation Must Consider Factors Relevant to Section 1782 Proceedings
Author: Daniel A. Tishman
IP Litigation
Federal Circuit
Blog
July 21, 2015
Claims Should Be Broadly Construed to Include Their Full Plain Meaning Where There Is No Disclaimer or Lexicography
Author: Daniel A. Tishman
IP Litigation
Federal Circuit
Blog
April 6, 2015
Federal Circuit Highlights Range of Unanswered Questions Regarding Willfulness In Denying Petition for Rehearing En Banc
Author: Daniel A. Tishman
Blogs
Blog
March 30, 2015
Anticipatory Reference Need Not Perform Claimed Combination; No Nexus Where Unexpected Results Stem from Something Other Than the Merits of the Claimed Invention
Author: Daniel A. Tishman
Blogs
Blog
February 5, 2015
Judge Bullock Strikes Portions of Complainant’s Case For Inadequate Contentions and Failure to Produce Expert Test Results During Discovery
Authors: Daniel A. Tishman, Andrew R. Kopsidas
IP Litigation
ITC Litigation
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