Daniel W. Richards

Daniel Richards is special counsel in the Intellectual Property Practice Group in the firm's San Francisco office. He focuses his work on patent and IP litigation involving a variety of technologies, including computer, networking, mobile device, semiconductor, software, RF display, content distribution, and other 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. Recently, he served as the technical lead in a multi-patent case in the Eastern District of Texas and before the PTAB, which resulted in favorable resolution for his client following dispositive motion practice and the institution of IPRs against all asserted claims—including claims from five alleged SEPs. He has also served as the technical lead in a four-patent ITC investigation that resulted in findings that all asserted claims were not infringed and/or invalid. Because several of the matters Daniel handles also involve international IP assertions, Daniel is also involved in strategy and coordination for those disputes.

Daniel has extensive experience in all stages of proceedings before the patent office. He has served as either lead counsel or counsel of record in more than three dozen PTAB proceedings on behalf of both patentees and patent challengers, and has also represented patent challengers in connection with several ex parte reexamination requests.

Daniel has an active pro bono practice, having successfully represented clients in domestic violence hearings, appeals of the denial of welfare benefits, wrongful conviction, and immigration matters. In 2022, he also led a trial team that obtained a $627,000 settlement after the first week of a three-week trial for his clients on their claims of age and race-based harassment and discrimination by their landlords.

During law school, Daniel externed for the Honorable Ronald Whyte, U.S. District Court for the Northern District of California. 

Experience

• A Global Content Delivery Network, Cybersecurity, and Cloud Service Company (D. Del., PTAB, USPTO): Defending the company against allegations of infringement concerning three patents relating to media delivery, and in enforcing the company’s patent against an entity related to the plaintiff.
• A Global Technology, Software and Engineering Innovation Company (ITC, NDGA, D. Del., N.D. Tex., PTAB, CAFC, SCOTUS, Mannheim Regional Court, EPO): Won every case and appeal that reached a final decision across over 20 separate proceedings, as part of a multi-jurisdictional dispute concerning mesh networking technology.
• A Korean Consumer Electronics Company (EDTX, PTAB): Successfully resolved a seven-patent case involving alleged cellular SEPs after the parties filed dispositive motions and the PTAB instituted IPRs against all claims asserted in the case.
• A Leading Climate Control Company (WDTX, EDMO, PTAB): Obtained dismissal of a two-patent case relating to thermostat devices after successfully transferring the case to E.D. Mo. from W.D. Tex., obtaining a stay, and winning two IPRs challenging all asserted claims.
• A Major Multinational Consumer Electronics Company (W.D. Texas): Successfully defended his client in a multiple-patent infringement action involving contactless payment transactions.
• A Global Technology, Software and Engineering Innovation Company (EDMO, WDTX, EDTX): Successfully obtained no-cost dismissals on behalf of his client across multiple matters at the pleading stage relating to a variety of technologies relating to networking, circuit monitoring, and other technologies.
• A Leading Networking Company (EDTX): Successfully resolved a dispute involving six patents related to mesh networking
• A leading Data Networking and Storage Company (ITC): Successfully defended his client 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 Major Furniture and Home Goods Manufacturer (ITC): Defended his client against a claim of copyright infringement concerning the wood grain pattern applied to models of its ready-to-assemble furniture.
• A Leading Networking Hardware Company (CDCA, EDTX): Successfully represented his client in multiple maters alleging infringement of patents, including alleged SEPs, relating to different networking technologies, resulting in either low-cost settlements or dismissal of the claims against his clients.
• A Leading Semiconductor Company (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.
• A Leading Television Technology Company (ITC / PTAB): Represented his client in ITC litigation and IPR proceedings involving interactive program guides and related hardware and software.
• 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, resulting in findings of unpatentability across all claims of all asserted patents in the plaintiff’s portfolio.
• A leading semiconductor company (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.
• A Major Medical Devices Technology (E.D. Pa.): Represented his client in a multi-patent litigation involving cardiac detection technology.
• A Korean Consumer Electronics Company (E.D. Texas): Obtained favorable early resolution of a lawsuit involving echo cancelation technology.
• A Korean Consumer Electronics Company (ITC): In an ITC investigation relating to two patents directed to television tuners, successfully obtained summary determination of non-infringement for a design-around product.
• 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.

Honors

• Rising Star in IP Litigation, Northern California Super Lawyers, 2024-2025
• Ones to Watch, Best Lawyers in America, 2023-2025

Speaking Engagements

• Presenter, “Defensive Litigation and Risk Management,” IP Strategy Summit—Palo Alto, November 12, 2024
• Presenter, “Future of AI in Patent Strategy and Management,” AI Strategy Summit: IP, Data and Compliance Conference, May 22, 2024
• Presenter, “Patent Litigation Trends and Forecasts,” IP Strategy Summit: Palo Alto, October 25, 2023
• 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