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Daniel B. Weinger

International Trade Commission

  • Certain Memory Modules and Components Thereof (337-TA-1089) – Represented Netlist, Inc. as complainant before the ITC against Korean-based memory company SK Hynix. The matter involved patents related to server memory module products, including technology that is essential to certain JEDEC memory standards. Following oral hearing in October 2019, the Administrative Law Judge issued an Initial Determination finding infringement of one of Netlist’s patents and recommended a limited exclusion order be issued.
  • Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same (337-TA-1044) - Represented Advanced Micro Devices (AMD) as complainant in the ITC asserting patents covering graphics processing technology employed by smart devices such as televisions and handsets. Respondents include LG Electronics, VIZIO, MediaTek, and Sigma Designs, Inc. (SDI). Achieved settlement with LG prior to the conclusion of expert discovery. Following the evidentiary hearing, the presiding ALJ issued an initial determination finding a violation of Section 337 and recommending the imposition of an exclusion order against the remaining Respondents’ accused products. The ITC affirmed the ALJ’s finding of a violation on August 22, 2018. As a result, the Commission issued orders banning the importation of products made by VIZIO, MediaTek, and SDI and cease and desist orders against VIZIO and SDI.
  • Certain Communications or Computing Devices and Components Thereof (337-TA-925) - Represented owner of portfolio of communications and computing patents from former enterprise communications business unit of large multinational innovation company, Enterprise System Technologies, S.A.R.L. An ITC investigation was instituted in August 2014 as to respondent entities Apple, Samsung Electronics, LG Electronics and HTC Corporation. Google participated as an intervenor. The investigation resolved prior to evidentiary hearing in June of 2015.
  • Certain Consumer Electronics with Display and Processing Capabilities (337-TA-884) - Represented owners of the patent portfolio of the original Silicon Graphics, now known as Graphics Properties Holdings, as complainant in the ITC. Investigation was instituted in June 2013 and among the respondent entities were Panasonic, Toshiba, Vizio, and ZTE. Most respondents settled. After an evidentiary hearing held over several days in May 2014, on August 29, 2014 Mintz successfully obtained a recommendation for a Limited Exclusion Order against the remaining respondent, which chose to settle while Commission review of the Administrative Law Judge’s Initial Determination was pending.
  • Certain Consumer Electronics and Display Devices and Products Containing Same (337-TA-836) - Represented owners of the patent portfolio of the original Silicon Graphics, now known as Graphics Properties Holdings, as complainant in the ITC, and as plaintiff in multiple parallel District of Delaware cases. Cases were filed between late 2011 and early 2012, and all were resolved by the end of January 2013. The technology at issue relates to LCD panels, central processor units, graphics processing units, and other microprocessor technology. Successfully licensed all respondents, including some of the largest and most recognized names in the converged device space – Apple, LG, Research in Motion, Samsung, and Sony.
  • Certain LED Photographic Lighting Devices and Components Thereof (337-TA-804) – Represented the complainant (plaintiff) that makes LED lighting systems for use in film and TV production, at the International Trade Commission. The ITC handed down its Final Initial Determination of infringement on September 7, 2012. On January 17, 2013, the ITC issued a General Exclusion Order (GEO) against respondents based in both China and the United States. The result in this case is particularly notable because it is rare for the ITC to issue a GEO due to the rigorous criteria and careful balancing of interests that apply to requests for GEOs.

Federal District Court

  • CellInfo, LLC v. American Tower Corporation, et al., (D. Mass. No. 1:18-cv-11250) - Defended American Tower Corporation in a trade secrets action in which we successfully dismissed in favor of arbitration.
  • Copan Italia SpA, et al. v. Puritan Medical Products Company LLC, et al. (DME, 1:18-cv-00218) - Representing Copan Italia in asserting patent infringement and unfair competition claims against our client’s largest competitor in a case involving the use of flocking technology (common in the textile industry) in the production of swabs to be used for the collection of biological specimen.
  • Graphics Properties Holdings, Inc. v. ASUS Computer International, Inc. et al (D. Del. 12-cv-210 (and others)) - Currently representing plaintiff in enforcement action relating to smartphones, televisions, tablets, computer monitors, and related technology.

Inter Partes Review

  • Successful Defense of Multiple IPRs – Represented Simplivity Corporation in two inter partes review proceedings where the PTAB denied institution, finding that the challenged claims were not unpatentable. IPR2016-01779, IPR2016-01780
Case Study
Mintz helped the Gores Group, a private equity firm, acquire and then monetize a wireless infrastructure portfolio from Powerwave Technologies, which was in bankruptcy. The sale closed less than 15 months after diligence began and returned substantial value for the client.