Daniel G. Vivarelli, Jr.

Clients turn to Daniel for no nonsense, business-focused representation in federal court litigation and complex IP disputes. His practice includes patent litigation, trademark litigation and counseling, trade secret litigation, automotive IP matters, software and technology disputes, IP licensing, and technology licensing. He also advises on patent prosecution and counseling, patent opinions, post-grant proceedings, and IP strategy for artificial intelligence (AI), software-enabled technologies, and emerging technology platforms. Clients value his ability to combine technical fluency with litigation expertise, whether serving as trial counsel, lead counsel, appellate counsel, or advisor before federal courts and the United States Patent and Trademark Office (USPTO).

With extensive experience in federal court litigation involving patents, trademarks, trade secrets, and technology-driven disputes, Daniel helps companies protect core innovations, defend market position, reduce litigation risk, and position disputes for efficient resolution. His litigation work has involved software, user interface functionality, transaction processing, technology platforms, automotive components, payment verification, electronic parking meters, and other innovation-driven products. He has served as trial counsel, lead counsel, and appellate counsel in matters involving Federal Circuit appeals, district court litigation, trademark disputes, trade secret claims, patent enforcement, and USPTO/post-grant proceedings.

Daniel also advises legal, business, and technical teams on IP strategy outside the courtroom. He helps clients align IP protection with product development, commercialization, licensing, enforcement, and risk-management goals. His counseling work includes IP-related transaction provisions, domestic and international patent portfolio management, oversight of outside patent prosecution counsel, invention evaluation to support new product launches, creative licensing, patent enforcement strategy, supplier-side risk mitigation, non-infringement and invalidity opinions, and new business opportunities. His technical background, litigation experience, and prosecution insight are especially valuable to clients in matters involving computer science, software, artificial intelligence, automotive technology, trademarks, and complex patent issues.

A Shareholder based in the firm’s Washington, DC office, Daniel’s federal court experience includes matters before the US District Court for the Eastern District of Texas, the US Court of Appeals for the Second Circuit, and the US Court of Appeals for the Federal Circuit.

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Education

George Mason University Antonin Scalia Law School, J.D.

Wake Forest University, B.S., Computer Science, cum laude

Admissions

Memberships

• DC Bar

Awards & Recognitions

Legal 500, Recommended for Patent: Litigation (Full Coverage), 2020

Washington DC Super Lawyers - Rising Stars, Intellectual Property Litigation, Intellectual Property, 2013-2017

Lead counsel in patent infringement case involving user interface; obtained summary judgment that patents were ineligible; affirmed on appeal by the Federal Circuit

Lead counsel for defendant in federal common law trademark dispute

Opinion counsel for several auto suppliers, providing non-infringement and/or invalidity opinions as appropriate

Counsel for defendant in case involving auto parts

Successfully represented client in multiple Federal Circuit appeals involving electronic parking meters

Lead counsel in district court litigation involving electronic parking meters

Counsel for plaintiffs in a district court litigation involving theft of trade secrets related to Pressure-Volume-Temperature (PVT) simulation software; obtained litigation-ending sanctions against all defendants for significant destruction of evidence during discovery

Trial counsel in district court litigation involving theft of trade secrets related to hydraulic fracture mapping; successfully tried case in arbitration and obtained permanent injunction against defendants

Lead appellate counsel in Second Circuit appeal relating to denial of discovery in post-grant proceeding

Lead counsel defending four inter partes reexamination proceedings

Briefed and argued claim construction positions on behalf of all opposing parties in a multidistrict litigation proceeding in the Western District of Pennsylvania

Integral member of trial team handling the enforcement of several hearing aid patents; jury returned a favorable verdict, finding willful patent infringement and awarded $31 million in damages against two defendants

Integral member of trial team handling the enforcement of several electronic procurement systems; favorably settled while awaiting the court's decision following a four-week trial

Counsel for defendant in case involving payment verification; case settled favorably

Counsel for defendant in case involving online transaction processing; case settled favorably