Daniel Knauss

Partner
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About Daniel

Dan is an experienced life sciences intellectual property litigator. He counsels clients regarding disputes in a wide variety of technology areas – including cancer and antiviral medicines, biosimilars and antibody drugs, agricultural technology and biofuels, and medical devices. Dan represents branded pharmaceutical companies in abbreviated new drug application (ANDA) litigation and both reference product and biosimilar companies in Biologics Price Competition and Innovation Act (BPCIA) litigation. He has litigated cases to trial in various district courts and at the Patent Trial and Appeal Board (PTAB), the Delaware Court of Chancery and the International Trade Commission (ITC).

Dan has a PhD in microbiology and cancer biology from the University of Wisconsin–Madison. He earned a JD, with distinction, from Stanford Law School, where he was an editor of the Stanford Technology Law Review. He externed in the Santa Clara County District Attorney’s Office. Before attending law school, Dan was director of intellectual property at Third Wave Technologies, where he managed a large international patent portfolio, product licensing and litigation matters.

Dan’s representative past matters include:

  • Genentech v. Amgen (D. Del.) – Represented Amgen in Biologics Price Competition and Innovation Act (BPCIA) litigation regarding trastuzumab biosimilar; defeated temporary restraining order/preliminary injunction enabling Amgen to launch its trastuzumab biosimilar Kanjinti; affirmed by federal circuit; obtained global settlement
  • Genentech, et al. v. Celltrion, et al. (D. Del.) – Represented Celltrion and Teva in BPCIA litigation regarding rituximab biosimilar Truxima; invalidated method of treatment patent in inter partes review (IPR) proceedings prior to settlement
  • Central Valley Seeds v. Vilmorin North America (N.D. Cal.) – Represented Vilmorin in patent litigation concerning proprietary vegetable varieties; obtained settlement securing product launch
  • Butamax Advanced Biofuels v. Gevo (D. Del.) – Represented Gevo in multipatent disputes relating to production of isobutanol biofuel in microorganisms, including defeat of a preliminary injunction threatening Gevo’s operations
  • Shareholder Representative Services v. Celldex Therapeutics (Delaware Chancery) – Represented Shareholder Representative Services on behalf of former shareholders in a merger agreement milestone payment dispute relating to antibody technologies
  • Journey Medical Corp. (D. Del.) – Represented Journey Medical in a variety of Hatch-Waxman (abbreviated new drug application) litigations concerning Journey Medical’s dermatology products
  • Elekta, et al. v. Varian Medical Systems (E.D. Mich.); Varian Medical Systems v. Elekta (ITC); Varian Medical Systems v. Elekta, et al. (PTAB) – Represented Varian in a three-fora patent battle, including in defense of the first suit filed by Elekta in district court, as well as in ITC and IPR countersuits for Varian; obtained settlement with no payments exchanged between plaintiffs and defendants and no future financial obligations
  • Hoffmann-La Roche v. Gilead Sciences (American Arbitration Association arbitration, International Centre for Dispute Resolution) – Obtained complete defense verdict in favor of Gilead in a contract and patent dispute for exclusive rights to Sovaldi
  • Onyx Pharmaceuticals v. Bayer (N.D. Cal.) – Represented Onyx in a collaboration agreement dispute relating to regorafenib (Stivarga)
  • Horus Vision v. Applied Ballistics (N.D. Cal.) – Represented optical technology company Horus Vision in a patent infringement action; obtained complete claim construction victory and licensing outcome for client
  • Meta Platforms, Inc. v. Palo Alto Research Center Inc. (PTAB) – Represented Meta (Facebook) in two IPRs; all challenged claims were found unpatentable
  • Microsoft Corp. v. Windy City Innovations, LLC (PTAB) – Represented Facebook in three IPRs after joinder; all challenged claims were found unpatentable
  • Tele-Publishing Inc. v. Facebook, Inc., et al. (D. Mass and Fed. Cir.) – Represented Facebook in a patent case; won on claim construction briefing and motion to invalidate all of Tele-Publishing’s asserted claims based on indefiniteness and unpatentable subject matter

Publications and media

Speaking engagements

Education

Stanford Law School
JD, 2009, with Distinction

University of Wisconsin, Madison
PhD, 2004, Microbiology and Cancer Biology

Gonzaga University
BS, 1999, Biology, cum laude

Court admissions

US Court of Appeals for the Federal Circuit

US District Court for the Northern District of California

US District Court for the Central District of California

US District Court for the Eastern District of California

US District Court for the Southern District of California

US District Court for the Eastern District of Texas

US District Court for the Eastern District of Michigan

Memberships and affiliations

California Bar Association

North Carolina Central University School of Law Employer Advisory Council