Daniel R. Cherry practices in all areas of intellectual property law with a focus on litigation, particularly patent infringement, trademark and trade secret claims. He has experience litigating major trials and appeals and has worked on matters involving patent prosecution, trademark clearance and registration, licensing, negotiations, and preparation of validity, right-to-use and infringement opinions. Mr. Cherry's clients represent a wide range of industries, including computer software and products, digital electronics, medical devices, pharmaceuticals, chemical processes, food products, mechanical devices, agricultural products and sports equipment.

Admitted to practice in Illinois and Ohio and before the U.S. Patent and Trademark Office, Mr. Cherry is a 1976 graduate, with honors, of Harvard Law School and a graduate of the Massachusetts Institute of Technology. He is the co-author of Patent Practice (PRI, 6th ed., 1997).

Areas Of Practice

Intellectual Property Litigation
Trademarks
Patents

Representative Matters

Successful defense against $500 million dollar claim of patent misuse. Minebea Co. v. Papst Licensing, 444 F. Supp. 2d 68 (D.D.C. 2006).
Obtained a reversal of a multimillion dollar verdict of patent infringement involving truck transmissions. Eaton Corp. v. Rockwell International Corp. and ArvinMeritor, Inc., 323 F.3d 1332, 66 USPQ2d 1271 (Fed. Cir. 2003).
Obtained a summary judgment of noninfringement for a patent infringement claim against client involving data compression in computer modems. Holtz v. Conexant Systems, Inc., U.S.D.C., N.D. Calif., 97-CV-20493, aff'd, 00-1112, Fed. Cir. 2002.
Assisted Ohio counsel in successfully persuading the judge to vacate a temporary restraining order that he had previously entered against client and to deny a preliminary injunction. Charter National Bank and Trust v. Charter One Financial, Inc., 65 USPQ2d 1684 (N.D. Il. 2001).
Multimillion-dollar jury verdict obtained for client for patent infringement involving hay balers. Case Corp. et al. v. New Holland North America, Inc., U.S.D.C., E.D. Wisc., 95 C 1225.
A multimillion dollar jury verdict obtained for client for patent infringement and false advertising involving typewriter ribbon cassettes. Smith Corona Corp. v. Pelikan, Inc., 784 F. Supp. 452, U.S.D.C., N.D. Tennessee, aff'd., 92-1273, Fed. Cir. 1993.
Assisted Florida counsel in obtaining summary judgments dismissing patent infringement and trade secret claims in a case involving jet engine parts. United Technologies Corp. v. Heico Corp., et al., U.S.D.C., S.D. Florida, 89-6934-CIV-ROETTGER.
Obtained summary judgments for clients accused of trade dress infringement and breach of franchise contracts. Watch What Develops Franchise Concepts, Inc. et al. v. Par Five, Inc. et al., US.D.C., N.D. Ohio, C85-782Y, aff'd, 86-3237, 6th Cir. 1987.
Obtained a jury verdict of noninfringement for a patent infringement claim against client involving digital noise reducers for TV circuits. Cooper v. Harris Corp., U.S.D.C., N.D. Ohio, C-82-1060.

Professional Activities

Chicago Bar Association
Illinois State Bar Association
Intellectual Property Law Association of Chicago
Ohio State Bar Association
American Bar Association
American Intellectual Property Law Association
Federal Circuit Bar Association
Licensing Executives Society

Admissions

Illinois
Ohio
U.S. Patent and Trademark Office
U.S. District Court for the Northern District of Illinois, including Trial Bar
U.S. Court of Appeals for the Federal Circuit

Education

Harvard Law School, J.D., with honors, 1976
Massachusetts Institute of Technology, B.S., 1970

Experience

Duane Morris LLP
- Partner, 2007-present
Welsh & Katz, Ltd.
- Principal, 1987-2007
Squire, Sanders & Dempsey
- Partner, 1985-1987
- Associate, 1976-1985
U.S. Coast Guard
- Officer, Active Duty, 1970-1973

Civic and Charitable Activities

Volunteer, BloomTree Learning Community, Prescott, Arizona

Selected Publications

Co-Author, Patent Practice (PRI 1997)