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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 and trade 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. Mr. Valencia also works with Customs and Border Protection regarding enforcement of ITC remedial orders.

  • Representation of Tessera Technologies in an offensive patent infringement case against Broadcom and its customers relating to semiconductor technologies. Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same, Inv. No. 337-TA-1010.
  • Defense of Samsung in a patent infringement case 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 n 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.
  • Defense of Chinese steel manufacturer in an ITC matter involving claims of price fixing, false designation of origin (FDO), and trade secret misappropriation. Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002. We obtained dismissal of the price fixing and FDO claims and our adversary withdrew the trade secret claim.
  • Representation of leading archery equipment manufacturer in Certain Arrowheads With Deploying Blades and Components Thereof, Inv. No. 337-TA-977. We obtained 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).
  • Representation of Tessera in defending against a declaratory judgement action requesting a preliminary injunction brought by TSMC in the Northern District of California.
  • Defense of Samsung in Audio Processing Hardware, Software, and Products Containing the Same, Inv. No. 337-TA-1026.
  • 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.

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 jury trials 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)