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Daniel Valencia
Daniel E. Valencia
Associate
Washington +1 202 662 5637 dvalencia@cov.com Download V-card

Daniel Valencia is a litigator who represents a wide range of clients in high stakes, cross-border intellectual property disputes. His experience ranges from pre-litigation due-diligence through discovery, trial, appeal, and remedy enforcement.

Mr. Valencia has developed significant experience in Section 337 proceedings before the U.S. International Trade Commission (ITC), having previously worked at the agency as a trial attorney, appellate counsel, and advisor to the Commissioners. He draws upon his familiarity with all levels of the ITC’s agency decision-making to offer practical and strategic insight to clients appearing at the ITC as both complainants and respondents.

  • Defense of Samsung in a major patent infringement case at the ITC about smartphones and tablets brought by Enterprise Systems Technologies. Shortly before trial, we obtained a ruling that Enterprise lacked standing to assert one its critical patents, terminating the case in part. Certain Communications or Computing Devices and Components Thereof, Inv. No. 337-TA-925.  
  • Representation of Knowles Electronics in a complainant-side patent infringement case against GoerTek about MEMS microphone packaging. Following trial, the ITC judge found that GoerTek infringed all asserted claims of three patents, that none of the asserted claims were invalid, and that Knowles has a domestic industry. Certain Silicon Microphone Packages and Products Containing Same, Inv. No. 337-TA-888.
  • Representation of Tessera Technologies in an offensive patent infringement case against Broadcom and its customers. Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same, Inv. No. 337-TA-1010.
  • Representation of leading archery equipment manufacturer in seeking a general exclusion order from the ITC against counterfeit broadheads from China for infringement of eight patents and one registered trademark.
  • Defense of the ITC in an appeal to the Federal Circuit involving six patents and nine issues. The ITC’s determination was affirmed in its entirety in SiRF Tech. v. Int’l Trade Comm’n, 601 F.3d 1319 (Fed. Cir. 2010).
  • Defense of the ITC’s interpretation of the “licensing” provision in Section 337(a)(3)(C) in an appeal to the Federal Circuit. The ITC was affirmed in John Mezzalingua Assocs. v. Int’l Trade Comm’n, 660 F.3d 1322 (Fed. Cir. 2011).
  • Defense of Chinese steel manufacturer in a Section 337 matter involving allegations of price fixing, false designation of origin, and trade secret misappropriation. Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002.
  • Representation of a veteran in an appeal from a decision of the Department of Veterans Affairs denying, on procedural grounds, a merits appeal. We successfully gained vacatur and an award of attorney’s fees. Long v. Shinseki, Vet. App. No. 12-2735.
  • Representation of the Brady Center in a constitutional challenge to the Nelson, Georgia “Family Protection Ordinance,” which required residents to keep and maintain a firearm. After seeing our opposition to a motion to dismiss our claims, the city agreed to settle by amending the ordinance to make clear it would never be enforced. Brady Center v. City of Nelson, Case No. 2:13-mi-99999-UNA.

Pro Bono

  • Representation of veterans seeking benefits and disability compensation before the U.S. Court of Appeals for Veterans Claims.
  • Representation of indigent defendants in criminal proceedings in Maryland circuit courts.

Memberships and Affiliations

  • American Bar Association, Intellectual Property Law Section
  • ITC Trial Lawyers Association

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)
  • Washington DC Super Lawyers, Intellectual Property Litigation "Rising Star" (2016)
  • Washington DC Super Lawyers, Intellectual Property Litigation "Rising Star" (2015)