Overview

Danielle (DJ) Healey has been dealing with clients' most complex intellectual property and related antitrust issues for over 30 years in counselling, licensing, federal courts, state courts, and agencies, as well as handling antitrust, mediation, and arbitration matters. She has focused on trade secrets, non-disclosure and protection problems, patent strategy, and enforcement on both domestic and international matters, as well as related antitrust and tort claims. She has a wealth of experience from her decades of litigation and transactional work.

DJ has tried cases in U.S. District Courts, state courts, the U.S. International Trade Commission, the International Chamber of Commerce (arbitration), the American Arbitration Association, the NASD Arbitration Forum, and private arbitration. She was counsel for ION Geophysical in the U.S. Supreme Court's seminal decision on international patent enforcement and remedies, WesternGeco v. ION Geophysical, 138 S. Ct. 2129 (2018), has argued appeals in the Federal Circuit, Fifth Circuit, and Fourth Circuit courts of appeals, as well as the Texas Supreme Court and Texas Intermediate Courts of Appeals. 

DJ has been actively involved in planning and executing multi-jurisdictional strategies involving courts in the U.S. and Europe, and administrative agencies (including reviews in the U.S. Patent and Trademark Office, invalidity and declaratory judgment actions in Europe, and state regulatory matters). She has worked on patent and antitrust issues with the U.S. Federal Trade Commission, and has represented clients intellectual property related competition matters before the FTC, the European Union, and Texas state authorities.

DJ has been involved in negotiating patent licenses in the semiconductor and software industries, she has represented clients in dealing with obligations and licensing in standard-setting organizations, been general counsel to a standard-setting group, worked on organization of standard-setting groups, and litigated the substantive and anticompetitive effects of licenses in court, in arbitration, and in administrative agencies.

She has also been an active speaker and author on trade secret, patent extraterritorial liability, patent damages, IP-related antitrust law, arbitration, and mediation. She has been fortunate enough to have been recognized by industry polls and publications for her work, including recognition for multiple years in Chambers Global, Chambers USA, Best Lawyers in America, IAM 1000, and Texas Super Lawyers (among others).

DJ graduated from the University of Texas School of Law in 1985 with honors, and Brown University in 1982. She served as a law clerk to the Honorable James DeAnda of the U.S. District Court for the Southern District of Texas, from 1985-1987.

DJ was one of the founders of the Houston IP Inn of Court, has been active in the State Bar of Texas IP committee, the Eastern District of Texas Bar Association, and is involved in community projects  in the Houston area. Prior to opening Fish & Richardson's Houston office, she was a partner in the patent litigation section of an international law firm, and previously was a partner in her own patent litigation boutique firm, as well as a national patent litigation boutique firm in Houston.

Experience

Representative Intellectual Property Litigation

  • Prevailed for ION Geophysical in post-trial motions and on appeal eliminating approximately $100 million for damages for foreign use.
  • Prevailed in getting litigation stayed as scheduling conference in Chart Trading v. TradeStation Group, et al. (E.D. Tex. 2016)
  • Prevailed in getting litigation stayed pending CBMs in Trading Technologies Int’l v. TradeStation Group, et al. (N.D. Ill. 2016)
  • Prevailed in litigation stay pre-answer in Trading Technology Int’t v. TradeStation Group, et al. (S.D. Fl. 2016).
  • Prevailed in dismissal on appeal of multiple trade secret, patent and copyright matters arising out of third-party payor claims administration systems and software in Nexpay v. Gilman.
  • Represented Cyberonics, Inc. in licensing dispute involving medical device patents.
  • Represented Drilformance LLC in licensing matters.
  • Represented smartphone manufacturer on standard-setting issues.
  • Represented electronic device maker on patent pool issues.
  • Represented LG and Zenith in patent lawsuits on television technology in N.D. Ill., E.D. Tex., and N.D. Cal.
  • Represented BMC in patent lawsuit on security software.
  • Represented McAfee in multiple lawsuits on antivirus software.
  • Represented LG in ICCC arbitration over patent license fees.
  • Represented LG Electronics in a patent lawsuit on plasma displays.
  • Represented Adobe in multiple patent infringement cases involving distributed computing patents.
  • Represented manufacturer of music players and smartphones in multiple cases on software.
  • Represented Samsung in multi-jurisdictional litigation involving memories, including claims for patent infringement, breach of contract, unfair competition, fraud and antitrust violations in standard-setting in the Northern District of California, the Eastern District of Virginia, Delaware Chancery Court, the FTC and the EU.
  • Represented Samsung in Texas State Court fraud and antitrust cases involving licensing and standard-setting for DRAMs.
  • Represented Samsung in multiple ICC arbitrations over smartphones.
  • Acted as General Counsel for the University of Texas group in establishing and managing a standard-setting group in the chemical and oil refinery construction industry.
  • Represented Kvaerner in an antitrust and unfair competition case over patents alleged against standards for offshore oil exploration equipment.
  • Represented Samsung in ITC and Federal Court litigation over patents asserted against ETSI standards for wireless communications.
  • Represented Samsung in licensing negotiations over CDMA and WCDMA wireless technology.
  • Represented Samsung in licensing involving NAND Flash Memory.
  • Represented major oil and gas company in defense of a patent lawsuit against configuration of undersea pipelines.
  • Represented major oil and gas company in licensing and trade secret disputes involving chemical catalysts.
  • Represented major oil and gas company in patent litigation over chemical filters.
  • Represented William Riles against Amerada Hess over patent for installation of offshore drilling platform.
  • Represented physician in negotiations, arbitrations, and lawsuits over medical device patents.
  • Represented Microsoft in multiple patent lawsuits involving Windows, Office, email.Represented Samsung in a trade secret lawsuit in trial and interlocutory appeal involving “third generation switching” telephony technology.
  • Represented Lexar Media in trade secret and patent lawsuits against Toshiba on NAND Flash Memory technology.
  • Represented Samsung in trial and appeal in a patent lawsuit on amorphous silicon decided on inequitable conduct.
  • Represented NetIQ in AAA arbitration over computer software patents.
  • Represented TitleData in copyright and trade secret licensing and regulatory matters against State of Texas.
  • Represented computer Associates in computer software copyright litigation.
  • Represented Sony Music in formulating new legal strategy for confirmation of contracts with underage performers (Destiny’s Child).

Other Representative Litigation

  • Represented Respondents in Texas Supreme Court on First Amendment lawsuit.
  • Represented lawyer on certain substantive constitutional issues as part of the defense of a multi-count RICO indictment.
  • Represented Hartford Insurance Group of companies in over fifty class actions involving antitrust, consumer protection (credit scoring, claims management practices, pricing and underwriting) and state regulatory issues from 1987-2005.
  • Represented Westinghouse (Siemens Westinghouse) in construction and trade secret litigation.
  • Represented Reuters in tax litigation as well as unfair competition litigation in Texas State trial and appellate courts.
  • Represented Oppenheimer & Co. in numerous securities arbitrations.
  • Represented MALDEF and ACLU in cases involving statutes to prohibit rental of housing based on immigration status.
  • Represented John O’Quinn in lawsuit against State Bar of Texas.
  • Represented MCorp in trial against FDIC.
  • Represented Greyhound in trial against NLRB.
  • Represented Texas State Optical in securities case in trial court and interlocutory appeal against Grand Metropolitan plc and Pearl Vision.

Testimonials

  • "DJ is a very effective advocate for her clients." — Client testimonial, 2021 Chambers and Partners USA
  • "She’s a go-to for big strategy thinking. She has a very good knowledge of the law and an ability to outthink everybody." — Client testimonial, 2020 Chambers and Partners USA
  • "Healey stands out for her trial and arbitration experience and dual patent and unfair competition expertise." — Client testimonial, 2019 IAM Patent 1000

Professional associations

  • Fellow, Texas Bar Foundation
  • Board of Directors, Stonewall Law Association of Greater Houston
  • Houston Intellectual Property Inn of Court, Founding Member and Treasurer
  • Chairperson, Pride and Allies Subcommittee, IPO Diversity and Inclusion Committee 2020-present
  • Chairperson, Women in IP Committee, State Bar of Texas Intellectual Property Section 2020-2022
  • LGBT Bar Association, Justice Council Member 2017-present
  • Planning Committee and program co-chair, University of Texas Technology Law Conference (multiple years)
  • Former Director of Eastern District of Texas Bar Association (two terms)
  • Chairperson, Eastern District of Texas Bench Bar Meeting 2006-2008
  • Chairperson, Antitrust Committee, State Bar of Texas Intellectual Property Section, Antitrust Committee, 2004-2005
  • ABA, AIPLA, Federal Circuit Bar Association, HBA, HIPLA

Pro bono activities

DJ has a decades long history of pro bono work for many different types of clients in many circumstances. Notably, she has done pro bono cases on the cutting edge of civil rights, including Weeks v. Texas (early HIV case), Hively v. Ivy Tech (trial court first merits litigation in LGBTQ discrimination suit), Villas at Parkside v. City of Farmer’s Branch (challenge to city ordinance discriminating against non-U.S. citizens), Pidgeon v. City of Houston (challenge to same-sex partner benefits) and numerous asylum cases before the U.S. Immigration Court and the U.S. Asylum Office.

Experience

  • Prevailed on defense of sanctions motions against attorneys [add]
  • Represented BMC in patent lawsuit on security software.
  • Represented Computer Associates in computer software copyright litigation.
  • Represented Drilformance LLC in licensing matters.
  • Represented electronic device maker on patent pool issues.
  • Represented Greyhound in trial against NLRB.
  • Represented John O’Quinn in lawsuit against State Bar of Texas.
  • Represented LG Electronics in a patent lawsuit on plasma displays.
  • Represented LG in ICCC arbitration over patent license fees.
  • Represented major oil and gas company in patent litigation over chemical filters.
  • Represented MALDEF and ACLU in cases involving statutes to prohibit rental of housing based on immigration status.
  • Represented McAfee in multiple lawsuits on antivirus software.
  • Represented MCorp in trial against FDIC.
  • Represented NetIQ in AAA arbitration over computer software patents.
  • Represented Oppenheimer & Co. in numerous securities arbitrations.
  • Represented organizer of standard-setting organization in construction materials
  • Represented physician in negotiations, arbitrations, and lawsuits over medical device patents.
  • Represented Respondents in Texas Supreme Court on First Amendment lawsuit.
  • Represented Samsung in licensing involving NAND Flash Memory.
  • Represented smartphone manufacturer on standard-setting issues.
  • Represented U.S. distribution company on antitrust and licensing issues
  • Represented U.S. supplier of construction materials on antitrust issues
  • Represented U.S. supplier of off-shore equipment on antitrust issues
  • Represented Westinghouse (Siemens Westinghouse) in construction and trade secret litigation.
  • Represented William Riles against Amerada Hess over patent for installation of offshore drilling platform.