Daniel represents pharmaceutical and biotech patent holders in Abbreviated New Drug Application (ANDA) and related patent litigation. He also has represented clients in non-practicing entity (NPE) and trade secrets cases in both state and federal court in Delaware. In addition, Daniel serves as Delaware counsel for out of state clients before the United States District Court for the District of Delaware.

Clients turn to him to manage cases involving large scale document and e-discovery collection and review, both in the United States and abroad. Daniel also has experience in working with experts in various disciplines for testing, infringement analysis, and validity analysis.

In 2017, Daniel was named a Delaware Rising Star in Intellectual Property by Super Lawyers, and he was named a Delaware Rising Star in Intellectual Property Litigation in 2018.

Prior to beginning his legal career, Daniel was a process and production engineer and has chemical engineering experience in hydrocarbon processing, monomers, and plastics. Daniel has practical experience in the design and optimization of chemical processes and the manufacture of commodity chemicals, including pharmaceutical carriers, food additives, and plastic resins.

Publications

  • Daniel Attaway & Peter Jay, Just the Facts Ma’am: The Limited Impact of In re Kubin and its Treatment of Obvious to Try, 16 Intellectual Property Today 9, September 2009.
  • DiGiovanni, Francis and Daniel Attaway (Co-author), Patents, paper for the National Business Institute, 2008.
  • Daniel Attaway, Cracking the Door to State Recovery from Federal Thrifts, 3 SEVENTH CIRCUIT REV. 275, 2007.

Professional Activities

  • American Bar Association
  • Federal Bar Association
  • Delaware State Bar Association (LGBT Section and Young Lawyers Section)
  • Delaware State Bar Association’s Committee on Diversity in the Legal Profession
  • The Richard S. Rodney American Inn of Court
  • Board of Trustees, Delaware Law Related Education Center

Honors and Awards

Selected to the Delaware Rising Stars list by Super Lawyers, 2017, 2018

Experience

Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

  • Part of the trial team representing Ferring Pharmaceuticals Inc. and Ferring International Center S.A., an international pharmaceutical company, in multiple ANDA litigations regarding Ferring’s Prepopik® drug product. In June 2017, the Court issued an opinion that the first filer’s proposed ANDA product infringed all asserted claims of the patents in suit.
  • Part of the trial team for a large brand-name pharmaceutical company in multiple ANDA litigations regarding composition and method of use patents covering a drug used to treat ulcerative colitis.
  • Delaware counsel for multiple pharmaceutical companies.
  • Part of the team defending a large Delaware chemical manufacturing company from various state law claims, including misappropriation of trade secrets.
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Bar admissions

2008, Delaware

2008, New Jersey

Admitted to practice before:

  • US District Court for the District of New Jersey
  • US District Court for the District of Delaware
  • US Court of Appeals for the Federal Circuit

Education

  • J.D., 2008, Chicago Kent College of Law
    • Associate Editor, Journal of Intellectual Property
    • Editor, Seventh Circuit Review
  • B.A. B.S., 2001, Rice University: Chemical Engineering and English
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