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Daniel Valencia

Partner
Daniel is incredibly organized and meticulous and is an effective advocate.
— Chambers USA
Washington, DC
About

Daniel is a trial lawyer who represents a wide range of clients in high stakes, cross-border intellectual property and trade disputes. He has tried numerous cases before judges and juries. He has also briefed and argued appeals at the Federal Circuit. Daniel combines a background in electronics with his litigation experience, to provide clients with sophisticated, creative strategies in even the most complex IP and trade disputes.

Daniel has significant experience in Section 337 proceedings before the US International Trade Commission (ITC), having previously worked at the agency as a trial attorney, appellate counsel, and advisor to the Commissioners. He draws upon this familiarity with all levels of the ITC’s decision-making to offer practical and insightful counsel to clients appearing at the ITC as both complainants and respondents. He also advises clients on Customs and Border Protection practice regarding enforcement of ITC remedial orders.

Daniel began his career as a patent examiner at the US Patent and Trademark Office after having worked in the semiconductor industry designing circuits.

Areas of FocusIntellectual PropertyPatent LitigationTrade SecretsInternational Trade Commission
Bar admissionsDistrict of ColumbiaUnited States Patent and Trademark Office
CourtsUnited States Court of Appeals for the Federal CircuitUnited States District Court for the District of ColumbiaUnited States District Court for the Western District of TexasUnited States Court of International TradeUnited States Court of Appeals for Veterans Claims

EXPERIENCE

  • Certain Computing Devices and Components Thereof, Inv. No. 337-TA-1382 (ITC): Represented Lenovo in an offensive patent infringement action against ASUS.
  • Eridanus v. Advanced Micro Devices (Western District of Texas): Represented defendant AMD in a patent infringement suit involving processor power management.
  • Certain Dermatological Treatment Devices and Components Thereof, Inv. No. 337-TA-1356 (ITC): Defended several medical device companies against patent infringement claims involving RF microneedling technology. 
  • Certain Video Processing Devices and Products Containing the Same, Inv. No. 337-TA-1323 (ITC): Led the defense of Lenovo against infringement claims against the majority of its product lines in an ITC action and obtained an early ruling of invalidity on one of the asserted patents.
  • Certain Flocked Swabs, Products Containing Flocked Swabs, and Methods of Using Same, Inv. No. 337-TA-1279 (ITC): Led the defense of Chinese manufacturers of swabs for COVID-19 testing in ITC proceedings and obtained a finding of no infringement after a trial at the ITC which was affirmed by the Federal Circuit.
  • Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same, Inv. No. 337-TA-1265 (ITC): Defended a manufacturer of at home connected fitness equipment from patent infringement claims at the ITC including before the Federal Circuit and Customs and Border Protection. 
  • Deere & Co. v. AGCO et al. (District of Delaware): Represented Deere in offensive patent litigation involving 13 patents against its competitors through a jury trial in Delaware.
  • Solas OLED v. Samsung Display Co. (Eastern District of Texas): Defended a leading smartphone display manufacturer in a patent infringement jury trial in US District Court for the Eastern District of Texas.
  • Certain Foodservice Equipment and Components Thereof, Inv. No. 337-TA-1166 (ITC): Led offensive trade secret and tortious interference action on behalf of a domestic foodservice equipment manufacturer and obtained finding of trade secret misappropriation by competitor in the ITC.
  • Certain Gabapentin Immunoassay Kits and Test Strips, Inv. No. 337-TA-1239 (ITC): Defended a manufacturer of at home drug tests in a patent infringement action at the ITC. 
Languages
  • English
Education

  • J.D., The George Washington University Law School
    with honors

  • B.S., University of Maryland

AWARDS AND RECOGNITION

Chambers Global

  • Band 5, USA International Trade: Intellectual Property (section 337) (2024)

Chambers USA

  • Band 5, Nationwide International Trade: Intellectual Property (Section 337) (2024)

The Legal 500 United States

  • Recommended, Patents: Litigation (International Trade Commission) (2024)
Additional Awards
  • Super Lawyers, Rising Star (2015-2019)

Pro Bono

  • Represented multiple veterans in the United States Court of Appeals for Veterans Claims.
  • Represented multiple veterans in discharge upgrade requests.
  • Represented multiple indigent criminal defendants in jury trials in Montgomery County, Maryland.

Publications and media

  • Co-Author, "Pursuing Equitable Patent Defenses As ITC Gains Popularity," Law360 (March 9, 2023)
  • Author, "Tips for Overcoming an Unfavorable ITC Initial Determination," Law360 (January 18, 2018)
  • Co-Author, "The ITC’s Evolving Approach to Cease and Desist Orders," Law360 (May 8, 2017)
  • Author, "Celebrating Twenty-Five Years of a Liberal Domestic Industry Requirement in Section 337 Cases: Would a Qualitative Analysis of Statutory ‘Exploitation’ Activities Put the Trade back in International Trade Commission?," AIPLA Quarterly Journal, Vol. 40, No. 2 (Spring 2012)
  • Author, "Appeals from the International Trade Commission: What Standing Requirement?" Berkely Technology Law Journal, Vol. 27, No. 2 (2012)

Seminars

  • Speaker, "Current State of ITC Exclusion Orders," 24th Annual Berkeley-Stanford Advanced Patent Law Institute (December 2023)
  • Speaker, "Using the ITC and Section 337 to Protect Brands," IPO Annual Meeting (September 2023)
  • Speaker, "Cross-Border Trade Secret Enforcement," IPO Annual Meeting (September 2021)
  • Speaker, "Developments in Domestic Industry," ITC Trial Lawyers Association Annual Meeting (November 2018)

Media Mentions

  • "Covington Trial Attorney With ITC Past Joins DLA Piper," Law360 (August 16, 2023)
  • "DLA Piper Adds Dan Valencia as Patent Litigation Partner in DC," Bloomberg Law (August 16, 2023)
  • "ITC Judge Clears COVID Swab Makers Of Infringing Patents," Law360 (November 1, 2022)
  • "ITC Ends IP Fight Over Food Service Equipment Imports," Law360 (October 15, 2021)
  • "4 Things To Know About New ITC Rules for Patent Cases," Law360 (May 16, 2018)
  • "Tessera, Broadcom Enter Deal to Resolve Patent Litigation," Law360 (December 19, 2017)

Prior Experience

Prior to joining DLA Piper, Daniel was a principal at a prominent DC-based AmLaw 50 firm. 

Memberships and Affiliations

  • Vice Chair, Intellectual Property Owners Association, ITC Committee
  • Member, ITC Trial Lawyers Association

My latest insights

News

DLA Piper secures defense win for FirePro Systems, Ltd. in ITC investigation

11 September 2024 .1 minute read

Past event

Using the ITC and Section 337 to protect valuable brands

25 January 2024 .2 minute read

Connect

Phone

+1 202 799 4593
(Work, Washington, DC)
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