Daniel W. Richards
Daniel W. Richards is counsel in the firm’s intellectual property group. He focuses his work on patent litigation involving a variety of technologies, including mobile device, semiconductor, computer software, RF, networking, LCD display, content distribution, signal processing, and telecommunications technologies.
Daniel is experienced in all stages of district court and ITC litigation from pre-suit investigations, discovery, claim construction, pre-trial proceedings, trial, and post-trial briefing, and appeals. Daniel also has extensive experience in all stages of proceedings before the patent office. His experience spans all aspects of both bringing and defending against inter partes review petitions, as well as preparing ex parte reexamination requests.
Daniel is also actively involved in pro bono activities, and in 2022 led a trial team that obtained a $627,000 settlement on behalf of tenants and a tenant organization alleging harassment and discrimination against their landlords after an earlier trial was interrupted due to COVID. Other pro bono activities include successfully helping pro bono clients win appeals challenging denials of welfare benefits and obtain domestic violence restraining orders. Daniel is actively involved in firm committees including the Ropes Multicultural Group.
Daniel externed for the Honorable Ronald Whyte, U.S. District Court for the Northern District of California.
- Aire Technologies v. A Major Multinational Consumer Electronics Company (W.D. Texas): Defending Apple in a multiple-patent infringement action involving contactless payment transactions.
- Emerson Electric v. SIPCO et al. (ITC, N.D. Ga., PTAB, CAFC, Mannheim Regional Court, EPO): Obtained favorable Commission Decision before the ITC finding all asserted claims not infringed and/or invalid. Won every case and appeal that has reached a final decision across dozens of separate proceedings, as part of an ongoing multi-jurisdictional dispute concerning mesh networking technology.
- Successfully defended Netapp, Inc. in multiple patent infringement actions pertaining to data storage technologies. These included, before the ITC, obtaining an early summary determination of no domestic industry resulting in the termination of the investigation and, before different district courts, persuading plaintiffs to walk away from litigation at the pleading stage without payment.
- A leading networking company v. SIPCO, LLC (E.D. Texas): Represented a client in a six-patent lawsuit relating to wireless network technology.
- Certain Furniture Products Finished with Decorative Wood Grain Paper and Components Thereof (337-TA-1229): Defended Walker Edison Furniture Company, LLC against a claim of copyright infringement concerning the wood grain pattern applied to models of its ready-to-assemble furniture. Successfully resolved the dispute via consent order at minimal cost to client.
- F2VS Technologies v. Emerson Electric (EDMO): Successfully obtained a dismissal for Emerson before responding to the complaint in a multi-patent case relating to meters communicating via a mesh network.
- Circuit Ventures v. Emerson Electric (WDTX): Successfully obtained dismissal for Emerson before responding to the complaint in a multi-patent case relating to circuit monitoring devices.
- Extreme Networks: Advising Extreme Networks on general IP litigation matters against Datacloud, Diff Scale Operation, and XR Communications, among others.
- Teleputers, LLC v. A Leading Semiconductor Company, Inc et al. (W.D. Tex.) – Represented a leading semiconductor company in a two-patent litigation concerning permutation algorithms implemented on ARM processors. Persuaded Judge Albright to flip a tentative ruling and find all apparatus claims of an asserted patent indefinite.
- Rovi v. Comcast et al. (ITC / PTAB): Represented Rovi in ITC litigation and patent office IPR proceedings involving interactive program guides and related hardware and software.
- Smartflash v. A Major Multinational Consumer Electronics Company (E.D. Tex., USPTO, CAFC): Litigated a district court case to trial and through appeals and assisted in numerous CBM review proceedings involving electronic sale and transmission of music and video.
- Activision Blizzard, Inc. et al. v. Acceleration Bay(PTAB): Represented Activision Blizzard, Take-Two Interactive, and Electronic Arts, in challenging three patents through multiple petitions for inter partes review. The patents relate to broadcasting information in computer networks.
- NXP Semiconductors N.V. (E.D. Tex., N.D. Cal., PTAB): Represented client in declaratory judgment action and related district court litigation, as well as in multiple inter partes review petitions relating to analog circuit technologies.
- NXP Semiconductors N.V. (PTAB): Defended patents in multiple inter partes review proceedings relating to near field communication and Bluetooth technology.
- CardioNet LLC v. The ScottCare Corp. (E.D. Pa.): Represented CardioNet in a multi-patent litigation involving cardiac detection technology.
- Packet Tread LLC v. Samsung Electronics (E.D. Texas): As litigation counsel for Samsung Electronics, obtained favorable early resolution of a lawsuit involving echo cancelation technology.
- Certain Television Sets, Television Receiver, Television Tuners and Components Thereof: Defended Samsung Electronics in an ITC investigation relating to two patents directed to television tuners. Member of a team that successfully obtained summary determination of non-infringement for a design-around product.
- Penovia LLC v. a leading global information technology company (E.D. Texas): Successfully developed strategy for early resolution of a lawsuit involving office machine monitoring system technology.
- A major semiconductor and solar manufacturing equipment company (JAMS): Obtained a complete victory at arbitration in a high-stakes contract and tort dispute concerning an unconsummated transaction for the purchase of a solar manufacturing facility.
- Cited, “Fed. Circ. Sends Sipco Radio Patent Back To PTAB Again,” Law360 (May 17, 2022)
- Cited, “Fed. Circ. Upholds PTAB Ax Of Sipco Patent,” Law360 (May 3, 2022)
- Moderator, “The State of Play for Privacy Law in California and Nationwide,” San Francisco I.P. Law Association (December 15, 2021)
- Moderator for a panel of three PTAB judges, Bay Area IP Inn of Court (April 18, 2018)
- JD, magna cum laude, Recipient of the ALI/ABA Scholarship & Leadership Award, Santa Clara University School of Law, 2011; technical editor, Santa Clara University Law Review
- BS (Mechanical Engineering), University of California, Berkeley
Admissions / Qualifications
- California, 2011
- U.S. Court of Appeals for the Federal Circuit, 2017
- U.S. Patent and Trademark Office, 2012
- U.S. District Court for the Central District of California, 2012
- U.S. District Court for the Northern District of California, 2012
- U.S. District Court for the Eastern District of Texas, 2015
- U.S. District Court for the Western District of Texas, 2022
- The Best Lawyers in America – Ones to Watch (2023)