Daniel F. Olejko

Shareholder

As a shareholder at Bragalone Olejko Saad PC, Dan manages complex commercial cases before federal courts and agencies, with an emphasis on appellate practice. Dan believes that the law should be expressed in a way that can be easily understood by everyone. He prides himself on his ability to translate complex legal and technical concepts to clients, courts, and juries in a simple, straight-forward manner.

Dan has over 10 years of experience litigating patent cases throughout the country. These cases have involved a wide range of patented technologies, including LED controllers, LCD displays, CCD and CMOS image sensors, telecommunications systems, semiconductor design and fabrication techniques, software processes, and medical devices. He has briefed countless cases before the federal courts of appeals, argued over half a dozen of those cases, and achieved successful outcomes for his clients in appeals before the U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the D.C. Circuit, and the U.S. Court of Appeals for the Second Circuit. In addition, Dan has represented clients in numerous post-grant review proceedings before the Patent Trial and Appeal Board, as well as Section 337 investigations before the U.S. International Trade Commission. Dan’s clients have included inventors, small businesses, large technology companies, investors, public and private universities, and research institutions.

Prior to joining Bragalone Olejko Saad, Dan led the appellate division of Shore Chan Bragalone DePumpo LLP, served as a staff attorney for the U.S. Court of Appeals for the Eleventh Circuit, and worked for the Pennsylvania appellate courts, including the Supreme Court of Pennsylvania.

CSS Accordion Education

J.D., Penn State University Dickinson School of Law, Carlisle, Pennsylvania, 2007
B.S., Computer Science, Purdue University, West Lafayette, Indiana, 2004

Judicial Clerkships

Staff Attorney, United States Court of Appeals for the Eleventh Circuit, 2007-09
Judicial Intern, Supreme Court of Pennsylvania, 2006-07
Judicial Intern, Superior Court of Pennsylvania, 2005

Court Admissions

United States Supreme Court
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the D.C. Circuit
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Ninth Circuit
United States District Courts for the Eastern, Northern, Southern and Western Districts of Texas
United States District Court for the District of Columbia
United States Patent and Trademark Office
Supreme Court of Texas
Supreme Court of Pennsylvania

Bar Associations

American Bar Association
Federal Circuit Bar Association
Pennsylvania Bar Association
State Bar of Texas
Dallas Bar Association
American Intellectual Property Law Association (AIPLA)

Recognition

Selected to Thomson Reuters' Super Lawyers, 2023-2024
Selected to Thomson Reuters' Super Lawyers Texas Rising Stars, 2020-2022
Recognized for Professional Advocacy Excellence by the Federal Circuit Bar Association, 2018
Member of the Woolsack Honor Society, 2007
Selected as Member of the Appellate Moot Court Board by Prof. Harvey A. Feldman, Penn State University, Dickinson School of Law, 2007
Presented with the William L. Wilkes Award by the Editorial Board of the Penn State International Law Review, 2007
Named Symposium & Articles Editor by the Editorial Board of the Penn State International Law Review, 2006-2007
Presented with the Richard R. Baxter Award by the Editorial Board of the Penn State International Law Review, 2006
Recipient of CALI Awards in Criminal Procedure and History of International Law
Selected as Fellow of the Texas Bar Foundation, 2023

Activities

Volunteer, Federal Circuit Bar Association, Government Employees Pro Bono Program
Volunteer, Ninth Circuit Court of Appeals Pro Bono Project

Representative Matters

Successfully briefed and argued appeal of district court’s dismissal of a complaint brought by a union presidential candidate under 29 U.S.C. § 481(c), where, in a precedential decision, Noble v. Nat’l Assoc. of Letter Carriers, 103 F.4th 45 (D.C. Cir. 2024), the D.C. Circuit agreed with the candidate that the district court incorrectly ruled that the candidate’s request to place ads in the union’s publication was beyond the text of the statute and unreasonable as a matter of law.
Successfully briefed and argued appeal of district court’s dismissal of a whistleblower complaint under the False Claims Act, where, in a precedential decision, United States ex rel. Foreman v. AECOM, 19 F.4th 85 (2d Cir. 2021), the Second Circuit agreed that the district court improperly based its dismissal of the Relator’s allegations for lack of materiality under Escobar on only extrinsic evidence.
Represented over 90 construction workers in collective action against former employers for failure to comply with the Fair Labor Standards Act in Brigida v. Valk d/b/a Platinum Construction, No. 3:18-cv-01443-S (N.D. Tex.).
Represents whistleblower in lawsuit against a major government contractor under the False Claims Act in United States ex rel. Foreman v. AECOM, No. 1:16-cv-01960 (S.D. N.Y.).
Successfully briefed and argued for dismissal of declaratory judgment action for noninfringement, no willful infringement, and equitable estoppel in AU Optronics Corp. America v. Vista Peak Ventures, LLC, No. 3:18-cv-04638-SK (N.D. Cal.), where the district court granted Vista Peak Venture’s motion to dismiss for lack of personal jurisdiction.
Successfully defended patent owner against petitions for covered business method review of two patents before the Patent Trial and Appeal Board in Global Tel*Link Corp. v. Securus Technologies, Inc., CBM2017-00043, -00044 (P.T.A.B.), where the Board found that the petitioner had failed to demonstrate that it is more likely than not that the challenged claims were unpatentable under 35 U.S.C. § 101.
Successfully briefed appeal of final written decision of the Patent Trial and Appeal Board in Global Tel*Link Corp. v. Securus Technologies, Inc., 691 F. App’x 628 (Fed. Cir. 2017), where the Federal Circuit affirmed without opinion the Board’s findings that 25 claims were unpatentable.
Successfully argued appeal of a final written decision of the Patent Trial and Appeal Board in Securus Technologies, Inc. v. Global Tel*Link Corp., 685 F. App’x 979 (Fed. Cir. 2017), where the Federal Circuit agreed with Securus that the Board failed to provide a reasoned explanation for its decision that 13 claims were unpatentable.
Successfully briefed and argued appeal of district court’s denial of LG’s request for declaratory and injunctive relief and grant of Wi-LAN’s motion to compel arbitration in LG Electronics, Inc. v. Wi-LAN USA, Inc., 623 F. App’x 568 (2d Cir. 2015), where the Second Circuit rejected LG’s arguments that Wi-LAN waived its right to arbitration and that the “claim splitting” doctrine barred Wi-LAN from litigating its patent infringement claims against LG in federal court while arbitrating a dispute over the interpretation of a patent license agreement.
Represented patent owner in lawsuit against 18 major semiconductor companies for infringement of claims related to fundamental circuit designs in HSM Portfolio LLC v. Elpida Memory, Inc., No. 1:11-cv-00770-RGA (D. Del.).
Represented university in Section 337 investigation at the International Trade Commission against major semiconductor company and cellular phone manufacturers for infringement of patent claims related to fundamental CMOS image sensor designs.
Successfully briefed ColorQuick’s response to Vistaprint’s petition for writ of mandamus in the precedential decision of In re Vistaprint, 628 F.3d 1342 (Fed. Cir. 2010), where the Federal Circuit agreed with ColorQuick that the district court did not abuse its discretion in denying Vistaprint’s motion to transfer under 28 U.S.C. § 1404(a) on grounds of judicial economy.

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