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About Daniel

Daniel Tishman is a trial lawyer and trusted advisor to clients, focusing his practice on complex patent litigation in federal district courts and before the International Trade Commission. He has represented and provided strategic counseling to clients (both plaintiffs and defendants) in the battery, consumer electronics, chemical, semiconductor, and automotive industries. Dan’s broad patent litigation experience includes all phases of cases, from pre-suit investigation through trial (having appeared in nearly a dozen trials) and appeals.

In addition to his patent litigation practice, Dan dedicates time to pro bono matters, including workplace discrimination and immigration cases. He recently tried a pro bono workplace discrimination case to verdict, following a successful appeal to the Fourth Circuit (leading to reversal of the trial court’s dismissal of the claims and making new law) and a petition for certiorari to the Supreme Court of the United States (leaving the Fourth Circuit’s decision undisturbed), achieving a significant victory for the firm’s client in coordination with the Washington Lawyers’ Committee for Civil Rights and Urban Affairs.

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. Dan is active in the International Trade Commission Trial Lawyers Associate (ITC TLA) where he is a member of the Executive Committee.

Publications

Speaking Engagements

  • Strategic IP Considerations of Batteries and Energy Storage Solutions,” Fish Webinar (February 10, 2022)
  • ACC NCR Infringement for In-House Counsel,” ACC National Capital Region CLE Presentation (November 9, 2021)
  • “Energizing Innovation:  A Discussion of IP in The Battery Business,” Battery Brunch (October 16, 2021)
  • “Battery Battles: A Discussion of Recent IP Litigation in the Battery Business,” Battery Brunch (August 28, 2021)
  • “Winning Expert Strategies at the ITC,” Practitioners’ Think Tank on ITC Litigation and Enforcement, American Conference Institute (July 28, 2021)

Media Mentions

International Trade Commission

Certain Lithium Ion Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Products Containing Same, Inv. 337-TA-1181 (ITC) – Represented complainants LG Chem and Toray Industries in patent infringement case. Favorable settlement.

Certain Pouch-Type Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Products Containing Same, Inv. 337-TA-1179 (ITC) – Represented LG Chem respondents in patent infringement case. Favorable settlement.

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.

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.

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.

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.

District Court 

Aire Technology Ltd. v. Samsung Electronics Co., Ltd. et al. (W.D. Tex. 2021) (J. Albright)—Representing defendants in multi-patent infringement case involving contactless payment technology. Case pending.

Theta IP, LLC v. Samsung Electronics Co., Ltd. et al. (W.D. Tex. 2020) (J. Albright)—Representing defendants in multi-patent infringement case involving transceiver technology. Case pending.

Acorn Semi, LLC v. Samsung Electronics Co., Ltd. et al. (E.D. Tex. 2019) (J. Gilstrap)—Representing defendants in multi-patent infringement case involving semiconductor fabrication technology. Case pending.

LG Chem, Ltd. and Toray Industries, Inc. v. SK Innovation Co., Ltd. and SK Battery America, Inc.  (D. Del. 2019) (J. Connolly)—Represented plaintiffs in multi-patent infringement case involving lithium-ion battery technology. Favorable settlement.

SK Innovation Co., Ltd. v. LG Chem Ltd., LG Chem Michigan, Inc. and LG Electronics, Inc. (D. Del. 2019) (J. Connolly)—Represented defendants in patent infringement case involving battery technology. Favorable settlement.

SK Innovation Co., Ltd. v. LG Chem Ltd. and LG Chem Michigan, Inc. (D. Del. 2019) (J. Connolly)—Represented LG Chem in patent infringement case involving battery technology. Favorable settlement.

SK Innovation Co., Ltd. v. LG Chem Ltd., LG Chem Michigan, Inc. and LG Electronics, Inc. (D. Del. 2019) (J. Connolly )—Represented LG Chem in patent infringement case involving battery technology. Favorable settlement.

Parker v. Reema Consulting Services, Inc. (D. Md. 2017) (J. Albright)—Represented plaintiff in gender discrimination lawsuit (pro bono). Jury trial verdict of $725,000 in compensatory and punitive damages (see link).

LG Chem, Ltd. and Toray Industries, Inc. v. Amperex Technology Ltd. (E.D. Mich. 2017) (J. Lawson)—Represented plaintiffs in multi-patent infringement case involving lithium-ion battery technology. Favorable settlement.

Realtime Adaptive Streaming LLC v. Sling TV L.L.C. et al. (D. Col. 2017) – Represented defendants Sling and DISH in patent litigation regarding compression technology. Summary judgment of invalidity granted in favor of clients.

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

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.

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

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

Ericsson v. Samsung Electronics (E.D. Tex.) – 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) French and Francophone Studies minor

Admissions
  • U.S. District Court for the District of Colorado 2021
  • U.S. District Court for the Western District of Texas 2019
  • U.S. District Court for the Eastern District of Texas 2018
  • U.S. Court of Appeals for the Fourth Circuit 2018
  • U.S. District Court for the District of Columbia 2017
  • Supreme Court of the United States 2017
  • U.S. Court of Appeals for the Federal Circuit 2016
  • District of Columbia 2014
Clerkships

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

Memberships & Affiliations

ITC TLA, Executive Committee

Member, Giles S. Rich American Inn of Court

What's trending with Daniel

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Blog
January 5, 2022
Fish Principals Author Intellectual Property & Technology Law Journal Article, "Strategic IP Considerations of Batteries and Energy Storage Solutions"
Authors: Hyun Jin In, Ph.D., Ralph A. Phillips, Daniel A. Tishman
Event
February 10th, 2022 | 1:30 pm EST
Webinar | Strategic IP Considerations of Batteries and Energy Storage Solutions
Webinar
News
December 14, 2021
Fish & Richardson Pro Bono Team Wins Jury Verdict for Female Employee in Sex Discrimination Lawsuit
Press Release
News
News
December 13, 2021
Fish Principals Author Article "Powering up" for Intellectual Property Magazine
Articles
Event
November 9th, 2021 | 12:30 pm EST
ACC National Capital Region | Infringement for In-House Counsel
Speaking Engagement
Sponsorship
Blog
October 5, 2021
ITC Monthly Wrap-Up: September 2021
Authors: April Sunyoung Park, Daniel A. Tishman
News
September 22, 2021
Fish Attorneys Author Law360 Article, "Navigating Bar To Patentability In 3rd-Party Secret Sales"
Articles
News
News
September 1, 2021
White Paper | Strategic IP Considerations of Batteries and Energy Storage Solutions
Articles
News
April 7, 2021
Thirty Fish Attorneys Named to 2020 Capital Pro Bono Honor Roll
Announcements
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
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