Scott M. Daniels

Scott M. Daniels

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.


Posts 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 …
By Scott M. Daniels
7 years ago 4

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 …
By Scott M. Daniels
7 years ago 14

Patent Owner Unwired Planet Pursues Apple, RIM in District Court After Losing First Round at ITC

Something a bit out of the ordinary occurred earlier this month in the ITC investigation Certain Devices for Mobile Data Communication, 337-TA-809. There, Unwired Planet had accused …
By Scott M. Daniels
7 years ago 0

Can Patent Related Press Releases Be a Tortious Act?

A story of such potential liability is now playing out in Taser International v. Stinger, (Case No. 2:09-cv-289 (D. Nev.)). Taser, the developer of the TASER weapon …
By Scott M. Daniels
7 years ago 0

CAFC: PTO Has Power to Reexamine Already Adjudicated Patents

The CAFC’s split panel decision this past week – In re Construction Equipment Company – extends the PTO’s authority to reexamine a patent even where its validity …
By Scott M. Daniels
8 years ago 14

A Winning Patent Infringement Defense: Reexamination Creates Intervening Rights, Erases $29.4 Million Verdict

Companies accused of patent infringement are increasingly looking at patent reexamination at the Patent Office as an attractive avenue for challenging the patent’s validity. Reexamination offers …
By Scott M. Daniels
8 years ago 1

Stay Ordered: Paul Allen Patent Litigation Takes Abrupt Detour

The focus of the litigation now shifts to the Patent Office. How Allen’s patent claims will fare in that forum is unknown, but certainly his odds …
By Scott M. Daniels
8 years ago 3

Microsoft Petitions PTO to Reverse Refusal to Grant Reexam in i4i Dispute, Could Moot Supreme Court Appeal

At the end of December, we learned that Microsoft had petitioned the PTO Director to order reexamination of the ‘449, and this morning that petition has been released …
By Scott M. Daniels
9 years ago 19

Smucker Loses Reexam Battles, But May Win Litigation War

The Board’s analysis might interest patent prosecutors who routinely face rejections based on “applicant’s admissions,” not to mention the applicants who feel obliged to submit …
By Scott M. Daniels
9 years ago 48

Major Funai TV Patent, Once Held Valid by CAFC, Brought down in Reexamination

Funai appealed the examiner’s rejection to the PTO Board which conducted oral argument on August 18th. The CAFC’s earlier decision in favor of Funai was …
By Scott M. Daniels
9 years ago 3

Microsoft Files Another Reexam Against $290 Million i4i Patent

I don’t know why Microsoft didn’t present all the prior art in the Texas case sooner, and I can't explain why they might have wanted …
By Scott M. Daniels
9 years ago 6

Trial Judge Terminates Injunction After PTO Issues Advisory Action in Reexamination

The sequence of events of In re Swanson is well known. Judge James Cohn of the Southern District of Florida has now taken the Swanson approach one …
By Scott M. Daniels
9 years ago 11