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Daniel Valencia is a litigator who represents a wide range of clients in high stakes, cross-border intellectual property and trade disputes. He has tried numerous cases before judges and juries, and has briefed and argued appeals at the Federal Circuit. He combines a background in electronics with his litigation experience, to provide clients with sophisticated, creative strategies in even the most complex IP and trade disputes.

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 this familiarity with all levels of the ITC’s decision-making to offer practical and insightful counsel 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.

  • Defense (lead counsel) of Kingdream Public Co., Ltd. in patent infringement matter concerning hydraulic fracturing technology. Certain Completion Drill Bits and Products Containing the Same, Inv. No. 337-TA-1205.
  • Representation of Deere and Company in offensive patent infringement against competitor Precision Planting. Deere & Co. v. AGCO Corp. et al., Civil Action No. 18-827-CFC (D. Del.)
  • Representation of Illinois Tool Works in an offensive trade secret misappropriation case against a competitor. Certain Foodservice Equipment Products and Components Thereof, Inv. No. 337-TA-1166.
  • 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.
  • 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.
  • Defense of Baosteel 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).
  • 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 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.
  • Defense of Samsung in Audio Processing Hardware, Software, and Products Containing the Same, Inv. No. 337-TA-1026. 

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

  • ITC Trial Lawyers Association
  • Intellectual Property Owners’ Association, ITC Committee Vice-Chair

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" (2015-2019)