Daniel Tishman, a Principal with Fish & Richardson, is a trial lawyer and trusted advisor to clients, focusing his practice on complex patent litigation in federal district courts and before the International Trade Commission. He has represented and provided strategic counseling to clients (both plaintiffs and defendants) in the battery, consumer electronics, chemical, semiconductor, and automotive industries. Dan’s broad patent litigation experience includes all phases of cases, from pre-suit investigation through trial (having appeared in nearly a dozen trials) and appeals.
In addition to his patent litigation practice, Dan dedicates time to pro bono matters, including workplace discrimination and immigration cases. He recently tried a pro bono workplace discrimination case to verdict, following a successful appeal to the Fourth Circuit (leading to reversal of the trial court’s dismissal of the claims and making new law) and a petition for certiorari to the Supreme Court of the United States (leaving the Fourth Circuit’s decision undisturbed), achieving a significant victory for the firm’s client in coordination with the Washington Lawyers’ Committee for Civil Rights and Urban Affairs.
From 2011-2013, Dan served as a judicial clerk for the Honorable Yvette Kane of the United States District Court for the Middle District of Pennsylvania. Dan is active in the International Trade Commission Trial Lawyers Associate (ITC TLA) where he is a member of the Executive Committee.
This year was a busy one for the International Trade Commission (ITC) compared to the last few years. As of December 15, 2022, there were 56 complaints filed, compared to 50 in all of 2021. The Commission also instituted more investigations in 2022 than 2021 and has a higher number of active cases compared to last year, according to Docket Navigator as of December 7, 2022. With in-person hearings resuming, it is an exciting time at the ITC. And with the evolving landscape of venue jurisprudence in the district courts, we expect the growth to continue into 2023. This article highlights a few new developments at the ITC over the past year, as well as several important decisions.