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Danielle Vincenti Tully

Partner

New York

Danielle Vincenti Tully is a partner in Orrick’s Intellectual Property Group. She represents clients in complex patent, trade secret, copyright, and trademark disputes across a wide range of technology sectors, including pharmaceuticals, medical devices, computer hardware and software, cybersecurity, digital media, telecommunications, and digital television.

Danielle litigates matters in U.S. district courts nationwide, including the District of Delaware, the Western and Eastern Districts of Texas, and the Northern District of California, as well as before the U.S. International Trade Commission. She also represents clients in appeals before the U.S. Court of Appeals for the Federal Circuit and other appellate courts.

Her practice includes post-grant proceedings before the U.S. Patent and Trademark Office and counseling on patent-related matters such as portfolio development, due diligence, enforcement, licensing, and technology transactions.

Danielle has been recognized for both her litigation work and legal writing. She received a Burton Award for Distinguished Legal Writing for her co-authored Law360 article addressing Federal Circuit deference to PTAB decisions. She has been named to the Lawdragon 500 Leading Lawyers in America and 500 Global IP Lawyers guides and has been recognized repeatedly in Lawdragon’s Leading Litigators guides, as well as by Crain’s New York Business as a Notable Litigator and Trial Attorney.

  • District Court Litigation

    • C.R. Bard, Inc. v. AngioDynamics, Inc. (D. Del.) — Defended AngioDynamics through trial in a medical device patent case seeking over $200 million in damages; obtained a complete defense verdict, including findings of noninfringement, invalidity, patent ineligibility, and no willful infringement. Upheld on appeal.
    • C.R. Bard, Inc. v. AngioDynamics, Inc. (D. Utah) — Defended AngioDynamics in related patent litigation involving vascular access port devices.
    • OpenText Corp. v. Hyland UK Operations Ltd (W.D. Tex.); OpenText Corp. v. Hyland Software, Inc. (C.D. Cal.) — Defended Hyland UK  (Alfresco) and Hyland in five related patent infringement actions involving enterprise information management technology. Succeeded in transferring the Hyland UK to the Central District of California after venue challenges and Federal Circuit proceedings. Obtained early invalidation under Section 101 and further narrowing under Section 112.
    • Brother International Corp. (multiple jurisdictions) — Represented Brother in patent litigations in the Eastern District of Texas, District of Delaware, and Central District of California involving printer, scanner, and computer products.
    • Convolve, Inc. v. Compaq Computer Corp. (S.D.N.Y.) — Represented Convolve in long-running patent litigation involving disk drive technology, including multiple Federal Circuit appeals.
    • Adaptix Inc. v. AT&T Mobility LLC (N.D. Cal.) — Defended AT&T Mobility in patent litigation involving 4G/LTE wireless networks; obtained summary judgment of non-infringement and invalidation of asserted claims.

    Additional representations involving IBM, AngioDynamics, Gore, Finisar, Qualcomm, and DuPont, in patent, trade secret, copyright, and related technology disputes.

    International Trade Commission

    • In the Matter of Certain Computer Products, Computer Components and Products Containing Same — Represented IBM as complainant in a Section 337 investigation involving cooling, power conservation, and router technology, alongside parallel district court litigation and Federal Circuit proceedings.

    Appeals

    • C.R. Bard Inc. v. AngioDynamics Inc. (Fed. Cir.) — Represented AngioDynamics in appeals arising from district court litigation and USPTO reexamination proceedings.