O’Melveny Worldwide

Daniel Silverman is a litigation counsel in O’Melveny’s Intellectual Property and Technology practice group, with extensive experience in patent litigation. He has practiced before U.S. District Courts in California and Texas, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Patent Trial and Appeal Board. 

Daniel also regularly volunteers for pro bono work with a clinic assisting pro se litigants with their questions about procedural issues in federal court.

Before attending law school, Daniel used his B.S. and M.A. degrees from Yale University to teach high school physics. Those teaching experiences enhance Daniel’s legal practice each day because they guide him in explaining complicated technologies in understandable ways.


  • Prevailed at trial in defense of a global technology company against patent infringement claims involving devices for displaying digital pictures, where the jury found all asserted claims invalid and not infringed.  (Western District of Texas).
  • Helped secure precedential writs of mandamus from the Court of Appeals for the Federal Circuit, transferring cases out of the Western District of Texas.  (Court of Appeals for the Federal Circuit).
  • Defending a global technology company against patent infringement claims involving voice recognition technology.  (Western District of Texas).
  • Defended an international consumer electronics company against patent infringement claims involving smart wearable technology.  (Western District of Texas).
  • Defended a global technology company against patent infringement claims involving navigation directions.  (Southern District of California).
  • Defended a software development company against patent infringement claims involving augmented reality video games, where the District Court invalidated all asserted claims either for indefiniteness or for claiming unpatentable abstract ideas, which was summarily affirmed by the Court of Appeals for the Federal Circuit.  (Northern District of California; Court of Appeals for the Federal Circuit).
  • Defended a software development company against patent infringement claims involving video game technology that includes user location information; the case was voluntarily dismissed after the Patent Trial and Appeal Board instituted inter partes review.  (Patent Trial and Appeal Board).





Admissions

Bar Admissions

  • California

Court Admission

  • US District Court, Northern and Southern Districts of California
  • US Court of Appeals, Third and Federal Circuits

Registered to Practice

  • US Patent & Trademark Office

Education

  • University of California, Irvine School of Law, J.D.: magna cum laude; Senior Editor, UC Irvine Law Review
  • Yale University, M.A., Urban Education Studies
  • Yale University, B.S., Physics, Distinction in the Major

Professional Activities

Clerkships

  • Honorable Judge Kent A. Jordan, US Court of Appeals, Third Circuit

Externships

  • Honorable Cathy Ann Bencivengo, US District Court, Southern District of California

Speaker

  • “Recent Trends in Federal Circuit Mandamus Addressing Transfer Motions,” Practicing Law Institute CLE Webinar, June 23, 2023 (co-presented with Danny Silverman)