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Scott M. Daniels

 
Mr. Daniels heads the Westerman Hattori Daniels & Adrian litigation group, where he handles litigation matters in district courts and at the International Trade Commission. Mr. Daniels also counsels clients by providing infringement and validity opinions, as well as guiding clients’ strategies using post-grant tools such as reexamination and reissue applications.

Recent Articles by Scott M. Daniels

Privateering: Patent Holding Companies Unleash Patent Portfolios

There is a tremendous amount of unrealized (“un-monetized”) value in the patent portfolios of many large companies. Yet, for one reason or another, such companies have chosen over the years not enforce their patents in court or through a licensing campaign. In recent times, however, a few of these companies have, one-by-one, started to transfer their patent rights to patent holding companies that are quite willing to enforce those patents. What does the large company receive in return for its patents?

Do Patent Applicants have a Chance at the CAFC?

Do patent applicants appealing a rejection of their claims from the Patent Trial and Appeals Board have a chance of success at the Court of Appeals for the Federal Circuit? What about patentees appealing to the CAFC from rejections in reexamination proceedings? The candid answer is not much of a chance. Of course, every case is different and needs to be considered on its own merits. Yet, the standards for review of Board decisions, followed by the CAFC, significantly favor affirmance of those decisions.