Dan Smith
Biography
Dan Smith represents clients in matters touching all aspects of patent law, including litigating patent validity issues in post-grant proceedings such as inter partes review (IPR) and ex parte reexamination; performing patentability, invalidity, infringement, and freedom-to-operate analysis in licensing, pre-litigation, and litigation support contexts; conducting patent portfolio analysis for offensive and defensive purposes; preparing and prosecuting patent applications; and authoring opinion letters.
Dan’s technical experience spans a wide variety of areas, including 3G (CDMA, UMTS), 4G (LTE/LTE-A), and 5G wireless standards as well as other wireless technologies such as Bluetooth and WiFi, video encoding and streaming technologies (H.264/AVC, H.265/HEVC), medical devices (e.g., pulse oximeters), touchscreen devices and user interfaces, software systems, semiconductors, optics, hybrid vehicle drivetrains, oil and gas drilling/production, and heated flooring systems.
Dan also offers extensive knowledge and experience in IPR and other PTAB proceedings, and has successfully represented leading technology companies in more than 150 PTAB trials. He was recognized by Patexia in 2022 and 2023 as one of the top 25 Patent Trial and Appeal Board (PTAB) practitioners in the country, and by Managing IP in 2020 as a top lawyer representing petitioners at the PTAB.
Prior to his legal career, Dan worked for over a decade as a lead software architect and engineer in the telecommunications industry and is a named inventor on U.S. Patent No. 6,914,967 related to measuring quality of service in a telecommunications network.
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- Represented a leading technology company as petitioner in 18 IPR proceedings challenging patents asserted in parallel district court litigation. All asserted claims found unpatentable.
- Representing a consumer electronics company, invalidated all asserted claims of 2 patents in IPR, prompting dismissal of parallel district court litigation.
- Obtained non-appealable decision not to institute an IPR against a client patent, leading to a favorable settlement in co-pending litigation.
Some of these representations were handled by Dan prior to joining Haynes Boone.
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- Ranked in the top 10 percent in Overall Performance in Patexia Inc.'s PTAB Intelligence Report, 2025
- Recognized as a "Top 25 Best Performing Attorney" representing petitioners in Patexia Inc.'s PTAB Intelligence Report (2022-2023)
- Recognized as a “Top 50 Attorney for Petitioners” by Managing IP (2020)
- Named inventor of U.S. Patent No. 6,914,967 for a “Method for measuring quality of service in a telecommunications network”
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- “Petitioner’s Perspective: Tips for Winning at the PTAB,” panelist, IPWatchdog PTAB Masters 2025 (January 28, 2025)
- “Depositions for Inter Partes Review: How Do They Work?” author, JDSUPRA (August 25, 2020), cited in Berkeley Technology Law Journal, Vol. 39 Iss. 4, p. 1234 note 74
- “What is the PTAB and Who are the Judges?” author, JDSUPRA (July 14, 2020), cited in Georgetown Journal of Law & Public Policy, Vol. 22, p. 223 note 13
- “Oral Hearings at the PTAB: What to Expect” author, JDSUPRA (June 26, 2020)
- “What Discovery is Available during Inter Partes Review?” author, JDSUPRA (May 27, 2020), cited in American University Intellectual Property Brief, Vol. 14 Iss. 2, p. 23 note 57
- “When Should I File an IPR during Litigation?” author, JDSUPRA (May 1, 2020), cited in Berkeley Technology Law Journal, Vol. 37, p. 1257 note 279
- “Challenging Patents through Post-Grant Proceedings: What Are Your Options?” author, JDSUPRA (April 23, 2020), cited in American University Intellectual Property Brief, Vol. 14 Iss. 2, p. 17 note 4
- “Roundtable Discussion among Litigators and Prosecutors Concerning PTAB Proceedings,” panelist, Conference on Intellectual Property Law, Center for American and International Law (November 14, 2016)
- “PTAB 4 Years In: PGRs ready for primetime,” quoted, Managing IP (August 18, 2016)
- “PTAB Issues Only Its Third Post-Grant Review Decision to Date, Invalidates Storage Container Tracking Claims Directed to Ineligible Subject Matter” author, (August 5, 2016)
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Education
- J.D., Southern Methodist University Dedman School of Law, cum laude
- B.S., Computer Science, The University of Texas at Austin
Admissions
- Texas
- U.S. Patent and Trademark Office
Court Admissions
- U.S. Court of Appeals for the Federal Circuit
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Haynes Boone Earns High Rankings in 2025 Patexia PTAB Intelligence Report
September 15, 2025