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

Partner

t 617-248-4049   f 617-248-4000

Dan Winston has represented clients in significant intellectual property and commercial 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 listed 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.

Mr. Winston represents the Linux Foundation in litigation and related matters, including advising and defending Linus Torvalds regarding depositions. 

Practice Focus

Trade Secret Litigation:  represent plaintiffs seeking to protect proprietary information and defendants accused of misappropriation, handling trade secret litigation and protection across a broad range of industries.

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

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

Representative Engagements

  • Representing AvePoint in declaratory judgment regarding alleged trade secret misappropriation of database management software.
    AvePoint v. Janalent,
    DNJ
  • Defended Easton Sports in trade secret and non-competition case related to helmet technology, obtaining dismissal of all claims.
    Reebok International v. Easton Sports
    , D Mass
  • Defending Google in patent infringement action related to LEDs in the Nexus 7 tablet.
    Lexington Luminance v. Google, D Mass
  • Counsel to Momenta Pharmaceuticals in multiple patent infringement actions to enforce patents to novel methods for processing low molecular weight heparin drug products.
    Momenta and Sandoz, Inc v. Teva Pharmaceuticals, D Mass; Momenta v. Amphastar Pharmaceuticals, D Mass
  • Defending Insulet in patent infringement action related to medical systems for blood glucose monitoring and insulin infusion.
    Beckton Dickinson v. Insulet Corporation
    , DNJ
  • 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
  • Defended Hewlett-Packard in patent action related to digital imaging technology, obtaining a favorable settlement.
    Polaroid Corp v. Hewlett-Packard,
    D Del
  • Asserted trademark licensing action on behalf of Bay State Chowda Co. regarding soup and food products, obtaining preliminary injunction.
    Bay State Chowda Co. v. Fairfield Farms Kitchens
    , D Mass
  • Represented Iovate in patent and trademark infringement case relating to patents on novel nutritional supplements.
    Iovate Health Sciencesv. Allmax Nutrition
    , D Mass
  • Counsel to Akamai in infringement litigation to enforce multiple patents related to internet content delivery and routing.
    Akamai Technologies v. Speedera Networks
    , D Mass
  • As Special Assistant Attorney General, filed an injunction 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
  • Represented Starbak in multiple patent infringement actions involving videoconferencing and video streaming technology.
    Starbak Communications v. Tandberg SA
    , D Mass & D Del
  • Defended Global Marine Systems in patent infringement suit involving clamp assemblies for submarine telecommunications cables.
    Global Marine Systems v. Tyco Electronics Corp
    , D Mass
  • Defended Cyrano in litigation over copyrighted software and trademarks developed in US, United Kingdom and France.
    Quotium Technologies v. Cyrano
    , D Mass
  • Counsel to Shionogi Pharmaceuticals in contract action related to manufacturing and marketing of Fenoglide.
    HCRP v. Shionogi Pharmaceuticals, NY Ct
  • Asserted action for TransCanada to obtain expected $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
  • 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.
    Shell Oil Co v. McWane, Texas Ct
  • Counsel to power supplier in dispute over allocation of congestion costs under electricity supply contracts.
    National Grid v. TransCanada Power Marketing
    , Mass Ct

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:

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. 

 

Thank you for reaching out to contact Choate. Before you send your message, we wanted to make sure you are aware of the following. Please do not send any confidential information in response to this link. Sending an e-mail to Choate does not give rise to an attorney-client relationship, and will not be deemed to disqualify Choate from undertaking any engagement for a current or future client.  Before any attorney-client engagement may be formed, Choate will need to check for possible conflicts of interest, you will need to consider whether you wish to retain Choate as counsel, and we will need to consider whether we wish to accept the potential engagement. In the meantime, Choate reserves the right to represent parties with interests adverse to you.

AcceptDecline