Daniel (Dan) T. Shvodian Partner

Representative Matters

• Asyst Techs., Inc. v. Emtrak, Inc. Successfully defended Emtrak, Jenoptik AG and Jenoptik Infab, Inc. against charges of patent infringement. Obtained summary judgment of noninfringement of all asserted patent claims, and the judgment was partially affirmed on appeal. Following remand, obtained judgment as a matter of law that all remaining patent claims are invalid due to obviousness.
• Patent Litigation Matter for High-Tech Silicon Valley Based Client. In defending a client against infringement claims, personally uncovered evidence that the inventor fabricated documents submitted to the patent office to establish priority over a cited reference.  Then worked with a forensic computer specialist to uncover evidence of additional documents that had been fabricated and backdated.  The case then settled on highly favorable terms. 
• Monsanto Co. v. Bayer Cropscience, N.V. Brought a successful declaratory judgment action in regard to a patent relating to bioengineered crops. The jury found the patent claims invalid and not infringed. Following a bench trial, the court held the patents-in-suit unenforceable due to inequitable conduct. 
• Plant Genetic Sys., N.V. v. DEKALB Genetics Corp. Successfully defended DEKALB against an allegation of patent infringement. All asserted claims were held invalid or not infringed. The judgment was affirmed on appeal. 
• Neothermia Corp. v. Rubicor Med., Inc. Represented Rubicor against claims of patent infringement and trade secret theft regarding a medical device for breast cancer diagnosis. The plaintiff dismissed all claims. 
• PLC Med. Sys., Inc. v. Eclipse Surgical Techs., Inc. Defended Eclipse Surgical against charges of copyright violation. After a successful defense against preliminary injunction motion, the matter was settled. 
• In the Matter of Certain Baseband Processor Chips and Chipsets, Transmitter and Receiver (Radio) Chips, Power Control Chips, and Products Containing Same, Including Cellular Telephone Handsets. Represented third-party intervenor Kyocera Wireless Corp. in the remedy phase of an ITC investigation regarding wireless communication technology. 
• Intel Corp. v. VIA Techs. Represented Intel in multiple patent infringement actions alleging infringement of semiconductor chipset patents. The matter was settled. 
• Gripple Ltd. v. Quiedan Co. Represented Gripple in an action alleging infringement of a patent on wine trellising devices, and trade dress infringement. The matter was settled shortly after Gripple obtained a preliminary injunction.

Pro Bono

• Dan has represented pro bono clients in unlawful detainer actions, in predatory lending litigation and on an appeal in opposition to a redevelopment plan.