Education

Stanford Law School
JD, 1992, with distinction

Stanford Law Review

Lafayette College
BA, 1987, magna cum laude

Admissions

Massachusetts
US District Court, Massachusetts
US Court of Appeals, First & Federal Circuits

Clerkship

Honorable William Young
US District Court, District of Massachusetts

Daniel C. Winston

Daniel Winston

t 617-248-4049   f 617-248-4000

Dan Winston has represented clients in significant commercial and intellectual property cases throughout the United States for over twenty years.  He develops case-specific litigation strategies which maximize the chance for success, and which are tailored to the client’s particular business and economic goals.  He is a seasoned trial lawyer with a record of success, who has also obtained many favorable court rulings at the preliminary and summary judgment stages.  Mr. Winston is in Best Lawyers in America and repeatedly listed as a Massachusetts Super Lawyer

Mr. Winston’s previous experience as a consultant for Accenture, designing and programming computer systems, provides business and technical background applicable to many of his cases.

Practice Focus

Complex Trial & Appellate Litigation:  complex business litigation, contract and licensing disputes, business torts, and other commercial litigation involving both technical and non-technical matters.

Intellectual Property Litigation:  patent infringement, trade secret and other intellectual property litigation on behalf of software and hardware developers, biotechnology companies and telecommunications providers.

Representative Engagements

Complex Commercial Litigation

  • Counsel to ECRM in complex litigation involving claims for interference with contract, deceptive trade practices, trade secrets, Lanham Act and patent infringement claims.  Market Track v. ECRM, ND Ill.
  • Counsel to Shionogi Pharmaceuticals in contract action related to manufacturing and marketing of Fenoglide.  Obtained favorable settlement.  HCRP v. Shionogi Pharmaceuticals, NY Ct
  • Counsel to Easton Sports in non-competition and trade secret case related to helmet technology.  Obtained dismissal of all claims.  Reebok International v. Easton Sports, D Mass
  • As Special Assistant Attorney General, filed an injunction and breach of contract action under $50 million licensing agreement to obtain source code to run Central Artery/Tunnel Highway System.  Mass. Turnpike Auth v. Perini Corp, Mass Ct
  • Counsel to AvePoint in breach of contract and trade secrets action arising from former joint venture. Obtained favorable settlement.  Janalent v. AvePoint, D NJ
  • Asserted action for $50 million in fuel adjustment payments under electricity contract, first prevailing in forum fight and then upon summary judgment just before trial.  TransCanada v. Narragansett Electric Co, D Mass, D RI
  • Lead counsel to Bay State Chowda Co. in breach of contract and trademark licensing dispute regarding soup and food products. Obtained a preliminary injunction.  Bay State Chowda Co. v. Fairfield Farms Kitchens, D Mass
  • Defended RPost in securities action by venture capital firm to enjoin RPost’s round of financing, defeating preliminary injunction motion.  Spencer Trask v. RPost International, SDNY
  • Defended McWane in defense of $300 million design defect claim arising from oil refinery explosion. Obtained favorable settlement.  Shell Oil Co v. McWane, Texas Ct

Patent And Other Intellectual Property Litigation

  • Defending Google in patent infringement action related to LEDs in the Nexus 7 and Nexus 10 tablets.  Lexington Luminance v. Google, D Mass
  • Counsel to Momenta Pharmaceuticals in patent infringement actions involving novel methods for processing low molecular weight heparins.  Momenta and Sandoz, Inc v. Teva Pharmaceuticals, D Mass; Momenta v. Amphastar Pharmaceuticals, D Mass
  • Defended Insulet in patent infringement action related to medical systems for blood glucose monitoring and insulin infusion.  Beckton Dickinson v. Insulet Corporation, D NJ
  • Counsel to Hewlett-Packard in defense of patent action related to digital imaging technology.  Polaroid Corp v. Hewlett-Packard, D Del
  • Counsel to Akamai in infringement litigation involving nine patents related to internet content delivery and routing.  Akamai Technologies v. Speedera Networks, D Mass
  • Counsel to Iovate in patent infringement case relating to patents on novel nutritional supplements.  Iovate Health Sciences Allmax Nutrition, D Mass
  • Represented Tillotson in multiple patent license enforcement cases related to surgical gloves, resulting in numerous favorable court rulings and millions of dollars in license fees.  Tillotson Corp. v. numerous entities, ND Ga, ND Ill, D Del
  • Lead counsel to Starbak in multiple patent actions involving videoconferencing and video streaming technology.  Starbak Communications v. Tandberg SA, D Mass & D Del
  • Lead counsel to Global Marine Systems in patent infringement suit involving clamp assemblies for submarine telecommunications cables.  Global Marine Systems v. Tyco Electronics Corp, D Mass
  • Counsel to Jaco in patent litigations in several states involving utility and design patents to computer cart technology.  Jaco v. EMS Technologies, D Mass; Jaco v. Synergy
  • Lead counsel to Cyrano in litigation over copyrighted software and trademarks developed in US, United Kingdom and France.  Quotium Technologies v. Cyrano, D Mass

Publications and Presentations

Mr. Winston regularly writes and speaks on intellectual property and litigation subjects, and has written for the IP Litigator, IP Law360, Mass High Tech, Boston Business Journal, Boston Bar Journal and Banker & Tradesman.  He co-authored the copyright chapter in MCLE’s book, Business Torts in Massachusetts and was recently quoted in “Don’t Look for Reform’s Ramifications to Take Hold Soon” in Boston Business Journal and in “The Year Ahead 2012: Top IP Legal Issues in the United States” in Intellectual Property Watch.  Mr. Winston serves as an Advisor to the Harvard Law School Trial Advocacy Workshop.  His recent presentations include:

  • "DTSA’s Promise Of Uniformity Remains Unfulfilled," co-author, IP Law360, June 2016.
  • “IP Agreements: Structuring Indemnification and Limitation of Liability Provisions to Allocate Infringement Risk," panelist, Continuing Legal Education Webinar, September 2015.
  •  “2nd Circ. Set to Weigh in on CFAA Circuit Split,” co-author, Appellate Law360, July 2015.
  • “Mega Damages in Peril After Fed. Circ. Nixes Apple Verdict,” quoted, IP Law360, September 2014.
  • “Inside the 3 Busiest Patent Litigation Forums,” co-author, IP Law360, August 2014.
  • “Focus on Meaningful Indemnity Language in Tech Licenses,” co-author, IP Law360, September 2013.
  • “How Bowman V. Monsanto May Wreak Havoc On Biotechnology,” co-author, Life Sciences Law360, April 2013.
  • “Internet and Digital Archiving,” panelist, Canada’s Public Policy Forum, January 2013.
  • “Strategies for Fighting Global Trade Secret Theft,” co-author, IP Law360, September 2012.
  • "Mayo v. Prometheus: Impact on Patents," speaker, BioFinance, Toronto, Canada, May 2012.
  • “Defending Trade Secrets in the E-Discovery Era,” co-author, Intellectual Property Law 360, November 2011.
  • “Using the Internet for Litigation and Prosecution in the New Information Age,” moderator, AIPLA Mid-Winter Meeting, February 2011.
  • “Due Process Implications of Patent Claims Limits,” co-author, Intellectual Property Law360, December 2010.
  • “Applying [Patent] Exhaustion to Combined Components,” co-author, Intellectual Property Law360, February 2010.
  • "Remedies, Declaratory Judgment Actions and Litigation Strategies in the Future," speaker, Michigan Bar Assoc., Detroit, Michigan,
    December 2009.
  • "Resetting the Judicial Doctrine of Equitable Estoppel," speaker, ABA-IP Roundtable Lunch Program, December 2009.
  • “Defendant Use of Attorney Opinions under Broadcom,” co-author, Intellectual Property Law360, August 2009.
  • “Intellectual Property Litigation: Recent Supreme Court Precedent’s Effect on Remedies, Declaratory Judgment Actions and Litigation Strategies,” co-author, IP Litigator, May/June 2009.
  • “Top Ten Developments in Patent Law in 2008,” speaker and author, IP Year in Review, Boston Bar Association, January 2009.
  • "Remedies, Declaratory Judgment Actions and Litigation Strategies in the Future," speaker, AIPLA Annual Meeting, Washington DC,
    October 2008.
  • “Trade Secrets and Patents,” speaker, MCLE Intellectual Property Conference 2007, June 2007.
  • “Trial of a Patent Case,” moderator, AIPLA Spring Meeting, May 2007.
  • “The Nuts and Bolts of Patent Preparedness, Those Warm and Fuzzy Letters that Precede Litigation,” speaker, In-house counsel training series, 2007.

Professional and Community Involvement

Mr. Winston recently served on the Attorney Advisory Committee on Local Rules for the US District of Massachusetts.  He is past co-chair of the Boston Bar Association’s Intellectual Property Law Section and a member of the American Bar Association.  He is also a member of American Intellectual Property Law Association and recently served on the board of editors for the AIPLA Quarterly Journal.  Mr. Winston recently served on the board of trustees of the Cambridge YMCA. 

 

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