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Daniel J. Shih

Overview

Dan Shih is a partner in the firm’s Seattle office.  He has represented plaintiffs and defendants in state and federal courts across the country in a wide variety of high-stakes commercial litigation matters.

Mr. Shih is proud to have represented clients in litigation concerning:

  • Patent infringement, including in the Western District of Washington, the Eastern District of Texas, the Western District of Texas, the Northern District of Texas, the District of Delaware, and the Northern District of Ohio
  • Contract and warranty disputes, including in Washington Superior Court, the District of Oregon, the District of Maryland, and Colorado Superior Court
  • Class actions dealing with consumer fraud, unfair competition, securities fraud, and constitutional issues, including in the Western District of Washington, Northern District of California, California Superior Court, and the Court of Federal Claims
  • Appeals before the U.S. Court of Appeals for the Ninth Circuit and the Federal Circuit

Education and Judicial Clerkship

Princeton University (B.S.E., Computer Science, summa cum laude, 1994)
Stanford University (A.M., Economics, 1995)
Stanford Law School (J.D., Order of the Coif and Pro Bono Distinction, 2006)

Law Clerk to The Honorable A. Raymond Randolph, U.S. Court of Appeals for the D.C. Circuit, 2006-2007

Honors and Distinctions

  • Received 2013 and 2014 Washington Rising Stars rating by Super Lawyers (Law & Politics Magazine, Thomson Reuters)
  • Received 2012 and 2013 pro bono publico service commendation from the Washington State Bar Association
  • Stanford University Forman Fellow in Economics
  • Princeton University Junior Prize in Computer Science
  • Princeton University Senior Prize in Computer Science
  • Sigma Xi
  • Phi Beta Kappa

Professional Associations and Memberships

Bar Associations and Courts

  • Washington State Bar Association
  • King County Bar Association
  • Federal Bar Association for the Western District of Washington
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the D.C. Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Western District of Washington
  • U.S. District Court for the Eastern District of Texas
  • U.S. Court of Federal Claims

Boards and Working Groups

  • American Civil Liberties Union of Washington (board member)
  • QLaw: The GLBT Bar Association of Washington (board member, secretary, and member of the issues advocacy and judicial evaluations committees)
  • API Chaya (board member and treasurer)
  • Lakeside School Alumni Board (board member)
  • The Sedona Conference, Working Group 10 on Patent Litigation Best Practices (drafting team member)

Notable Representations

Class Actions

  • Represented an investor class in a securities fraud and insider trading lawsuit in the Western District of Washington against Dendreon Corporation, a Seattle-based biotechnology company, and two of its officers. After plaintiffs won class certification and responded to defendants' motion for summary judgment, defendants agreed to settle the case for $16.5 million.
  • Represented nationwide class claiming Google overcharged for web ads in the Northern District of California and on appeal in the Ninth Circuit. After plaintiffs substantially defeated multiple motions for summary judgment, Google agreed to settle the case for $20 million.
  • Tried case on behalf of statewide class alleging violations of California's Unfair Competition Law by multiple companies. Presented and cross-examined expert witnesses, and argued and defeated multiple motions for summary adjudication, in Los Angeles County Superior Court.

Contract Disputes and Business Torts

  • Defended CNA Financial Corporation and Continental Casualty Company against contract, negligence, fraud, and insurer bad faith allegations in a $150 million dispute over the settlement of a medical malpractice claim in the District of Oregon. Clients obtained a complete win on summary judgment. The judgment is currently on appeal.
  • Defended subsidiaries of Arctic Slope Regional Corporation against broker's claim for commissions on a billion dollar government contract brought in the District of Maryland. Client prevailed on all claims on summary judgment.
  • Represented seafood wholesaler Galaxy Foods in breach of warranty claims over unmerchantable fish against a major salmon processor in the Western District of Washington. Case settled on mutually satisfactory terms.
  • Defended subsidiary of Hess Corporation against breach of fiduciary duty and fraud allegations in a $44 million dispute over a transaction involving Bakken oil and gas properties in Colorado Superior Court. Case settled on mutually satisfactory terms.
  • Investigated secondary liability claims arising from a multibillion dollar Ponzi scheme in Minnesota.

Patent Litigation

  • Represented client Fractus S.A. through trial in patent infringement suit against mobile phone makers Samsung, RIM, Kyocera, Pantech, and others in the Eastern District of Texas. Jury verdict was a complete win and included over $23 million in damages and a finding of willful infringement. The case subsequently settled for a confidential amount.
  • Represented client The Quantum World Corporation in patent infringement suit against computer makers IBM and Lenovo and chipmakers Atmel, National Semiconductor, and Winbond in the Eastern District of Texas. The case settled for confidential amounts, with the last defendant settling after jury selection.
  • Represented client The Quantum World Corporation in patent infringement suit against computer makers Dell and HP in the Western District of Texas. The case settled for confidential amounts.
  • Represented client Parallel Networks, LLC, in multiple patent infringement suits against numerous large-scale website operators, including Priceline.com, Orbitz, Netflix, and John Wiley & Sons. Presented successful claim construction arguments at Markman hearing in the Eastern District of Texas.
  • Currently representing affiliates of Intellectual Ventures in patent infringement suit against Symantec in the District of Delaware.
  • Currently representing client Personalized Media Communications in patent infringement suit against EchoStar and DISH Network in the Eastern District of Texas and before the Federal Circuit.
  • Currently representing client Click-to-Call Technologies in patent infringement suits against Oracle, eHarmony, YP Ingenio, and others in the Western District of Texas.
  • Currently representing client BASCOM Global Internet Services in patent infringement suit against AT&T entities in the Northern District of Texas.

 

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