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Daniel Valencia joined the firm in 2012. His practice focuses on patent litigation with a particular focus on Section 337 proceedings at the U.S. International Trade Commission (ITC). Mr. Valencia advises clients on all aspects of pursuing and defending against Section 337 actions and remedies, including enforcement of remedial orders issued by the ITC and appeals from ITC decisions to the U.S. Court of Appeals for the Federal Circuit.
Prior to joining the firm, Mr. Valencia was an attorney at the ITC where he was involved in more than 20 Section 337 investigations involving patents of various technologies, trademarks, and trade secrets. Most recently, Mr. Valencia served as an Investigative Staff Attorney in the Office of Unfair Imports Investigations (OUII) handling all stages of discovery and trial practice on the matters to which he was assigned.
Before joining OUII, Mr. Valencia also served as an Attorney-Advisor in the ITC’s Office of the General Counsel. In this capacity, Mr. Valencia provided advice to ITC Commissioners on 337 cases and defended the ITC’s final decisions on appeal to the Federal Circuit. Most notably, Mr. Valencia took a lead role in John Mezzalingua Associates. v. International Trade Commission, 660 F.3d 1322 (Fed. Cir. 2011), in which the Federal Circuit first addressed satisfaction of the statute’s domestic industry test based on patent licensing.
Prior to his government service, Mr. Valencia was in private practice where he counseled clients on a variety of patent and trademark matters. Mr. Valencia began his career in 2002 as a patent examiner at the U.S. Patent and Trademark Office (USPTO).
Representative Matters
- Represented a leading manufacturer of MEMs microphones in complex patent litigation at the U.S. International Trade Commission, U.S. District Courts, and foreign tribunals.
- Certain Computer Forensic Devices and Products Containing Same, Inv. No. 337-TA-799 (MyKey Technologies, Inc. v. Guidance Software, Inc. et al.) (OUII Attorney).
- Certain Microprocessors, Components Thereof, and Products Containing Same, Inv. No. 337-TA-781 (X2Y Attenuators, LLC v. Intel Corporation et al.) (OUII Attorney).
- John Mezzalingua Assocs. v. International Trade Commission, 660 F.3d 1322 (Fed. Cir. 2011) (Federal Circuit appeal from Inv. No. 337-TA-650 on behalf of the USITC).
- SiRF Technology, Inc. v. International Trade Commission, 601 F.3d 1319 (Fed. Cir. 2010) (Federal Circuit appeal from Inv. No. 337-TA-602 on behalf of the USITC).
- Alcesia SRL v. International Trade Commission, Rule 36 affirmance-no opinion (Federal Circuit appeal from Inv. No. 337-TA-643 on behalf of the USITC).
- Certain Multimedia Display and Navigation Devices and Systems, Components Thereof, and Products Containing Same, Inv. No. 337-TA-694 (Pioneer Corporation of Japan v. Garmin International, Inc. et al.) (Office of General Counsel).
- Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same, Inv. No. 337-TA-650 (John Mezzalingua Inc. d/b/a PPC, Inc. v. Fu Ching Technical Industrial Co. et al.) (Office of General Counsel).
- Certain Cigarettes and Packaging Thereof, Inv. No. 337-TA-643 (Philip Morris USA, Inc. v. Alcesia SRL et al.) (Office of General Counsel).
Previous Experience
- Investigative Attorney in the Office of Unfair Imports Investigations at the USITC (2011-2012)
- Attorney Advisor in the Office of the General Counsel at the USITC (2008-2011)
- Patent Examiner at the USPTO (2002-2003)
Pro Bono
- Representing a Veteran of the U.S. Navy in his appeal to the U.S. Court of Appeals for Veterans claims from an adverse decision of the Department of Veterans Affairs regarding disability benefits.
- Represented indigent criminal defendant accused of various counts of second degree assault in Prince George’s County Circuit Court.
Publications and Speeches
- "Recent Developments in Domestic Industry," Spring 2013 Joint Meeting of the Federal Circuit Bar Association and the ITCTLA (5/15/2013)
- "Appeals From the International Trade Commission: What Standing Requirement?," Berkeley Technology Law Journal (Fall 2012), 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 (Spring 2012), Author
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