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Daniel H. Brean
Of Counsel
Webb Law | Daniel H. Brean
Webb Law | Daniel H. Brean

Bio  

Daniel H. Brean is an intellectual property attorney with a background in physics. His practice focuses on patent litigation with an emphasis on appeals. As a former law clerk at the U.S. Court of Appeals for the Federal Circuit (the exclusive appellate court for patent cases), Dan brings valuable perspective and insight to litigation matters. Dan also has considerable expertise in the area of industrial design protection and design patents as well as IP portfolio management. 

In addition to serving as Of Counsel at The Webb Law Firm, Dan is an Assistant Professor at the University of Akron School of Law, where he teaches and writes on patent law and related intellectual property topics. He previously served as an Adjunct Professor at the University of Pittsburgh School of Law. Dan is a former Shareholder of The Webb Law Firm.

Certification

Registered Patent Attorney, U.S. Patent and Trademark Office

Bar Admissions

Pennsylvania, 2008
U.S. District Court for the Western District of Pennsylvania, 2008
U.S. Court of Appeals for the Federal Circuit, 2010
U.S. District Court for the Eastern District of Texas, 2012
U.S. Court of Appeals for the Fifth Circuit, 2014
U.S. Supreme Court, 2016

Clerkship

United States Court of Appeals for the Federal Circuit, The Honorable Jimmie V. Reyna (2011-2012)

Education

University of Pittsburgh School of Law, Pittsburgh, Pennsylvania
2008, J.D. cum laude

Carnegie Mellon University, Pittsburgh, Pennsylvania
2005, B.S. Physics

Main Practice Areas: 
Recent Publications: 

Law Review Articles

(available at http://ssrn.com/author=1359847)

Patenting Physibles: A Fresh Perspective for Claiming 3d-Printable Products, 55 Santa Clara L. Rev. 837 (2015)

Ending Unreasonable Royalties: Why Nominal Damages are Adequate to Compensate Patent Assertion Entities for Infringement, 39 Vermont L. Rev. 867 (2015)

Will the “Nexus” Requirement of Apple v. Samsung Preclude Injunctive Relief in the Majority of Patent Cases?: Echoes of the Entire Market Value Rule, 51 San Diego L. Rev. 153 (2014)

Asserting Patents to Combat Infringement Via 3D Printing: It’s No “Use,” 23 Fordham Intell. Prop. Media & Ent. L.J. 771 (2013)

Overcoming the “Impossible Issue” of Nonobviousness in Design Patents, 99 KY. L.J. 419 (2011)   (co-authored with Janice Mueller)

Enough is Enough: Time to Eliminate Design Patents and Rely on More Appropriate Copyright and Trademark Protection for Product Designs, 16 Tex. Intell. Prop. L.J. 325 (2008)

Keeping Time Machines and Teleporters in the Public Domain: Fiction as Prior Art for Patent Examination, 7 Pgh J. Tech. L. & Pol’y 8 (2007)

Book Chapters

Design Protection, Section 6B of Understanding Intellectual Property Law, Donald S. Chisum  et al., (LexisNexis 3d ed. 2015)

Intellectual Property Protection for Designs, Design and Design Thinking: Essentials, Product Development and Management Association (forthcoming John Wiley & Sons 2015)

Design Protection, Section 6B of Understanding Intellectual Property Law, Donald S. Chisum  et al., (LexisNexis 2d ed. 2011)

Periodical Contributions

Unreasonable Royalties: Patent Infringement and the Requirement that Damages be Compensatory, Delaware Lawyer, Delaware Bar Foundation (2015)

A Brief History of Unreasonable Royalties, Law360, Intellectual Property Expert Analysis Segment (July 21, 2014)

Tech Startups: Get Smart About Patent Litigation, TechBurgher, Pittsburgh Technology Council (March 24, 2014)

Has the Patent Troll Finally Taken its Toll?, TEQ Magazine, Pittsburgh Technology Council (June 7, 2013)

Benefits of a Coordinated Joint Defense in Patent Cases, Law360, Intellectual Property Expert Analysis Segment (November 27, 2012) (co-authored with Lee Cheng)

The New “Nexus” Injunction Standard of Apple v. Samsung, The Legal Intelligencer, Intellectual Property Supplement (October 9, 2012)

Getting “Good Marks” for your Trademark Practices, At Issue, Pennsylvania Bar Association  (Spring 2011)

Five Guidelines for a Happy Patenting Experience, TEQ Magazine, Pittsburgh Technology Council (April 18, 2010)