Education and Experience

Dan Winston is an independent arbitrator and former litigator who represented clients in significant intellectual property and commercial cases in courts throughout the United States. He is a seasoned trial lawyer with a record of success, who also obtained many favorable court rulings at the preliminary and summary judgment stages. Mr. Winston was consistently listed in Best Lawyers in America and as a Massachusetts and New England Super Lawyer. 

Mr. Winston serves on the Commercial Panel of the American Arbitration Association, and has also frequently acted as an advocate in both arbitrations and mediations including many multi-day arbitration hearings.

Prior to his litigation practice, Mr. Winston served as Law Clerk to the Honorable William G. Young of the United States District Court for the District of Massachusetts (1992-2993),

Representive Litigation Engagements

  • Lead counsel to ResMan in breach of contract and trade secret misappropriation action against corporate licensee and software vendor related to copying of real estate management software. ResMan v. Karya Property Management et al., E.D. Tex

  • Counsel to Shionogi Pharmaceuticals in breach of contract action related to production disruptions in the manufacturing and marketing of the drug Fenoglide. HCRP v. Shionogi Pharmaceuticals, NY Ct

  • Lead counsel to AvePoint in action for breach of joint venture agreements and alleged trade secret misappropriation related to database management software. AvePoint v. Janalent, DNJ

  • Lead counsel to Easton Sports in breach of contract, trade secret and non-competition case related to helmet technology, obtaining dismissal of all claims. Reebok International v. Easton Sports, D Mass

  • Lead counsel to Bay State Chowda Co. in trademark licensing contract action regarding soup and food products, obtaining preliminary injunction. Bay State Chowda Co. v. Fairfield Farms Kitchens, D Mass

  • Lead counsel to Tillotson in multiple patent license enforcement cases related to medical surgical gloves, resulting in numerous favorable court rulings and millions of dollars in license fees. Tillotson Corp. v. numerous entities, ND Ga, ND Ill, D Del

  • Lead counsel to Cyrano in breach of contract litigation over copyrighted software and trademarks developed in US, United Kingdom and France. Quotium Technologies v. Cyrano, D Mass

  • As Special Assistant Attorney General, filed action under $50 million licensing agreement to obtain source code to run Central Artery/Tunnel Highway System. Mass. Turnpike Auth v. Perini Corp, Mass Ct

  • Lead counsel to TransCanada in breach of contract action to obtain $50 million in fuel adjustment payments under electricity contract, prevailed on summary judgment. TransCanada v. Narragansett Electric Co, D Mass, D RI

  • Defended RPost in securities and breach of contract action by venture capital firm to enjoin RPost’s round of financing, defeating preliminary injunction motion. Spencer Trask v. RPost International, SDNY

  • Lead counsel to TransCanada in dispute over allocation of congestion costs under electricity supply contracts. National Grid v. TransCanada Power Marketing, Mass Ct

  • Lead counsel to Google in patent infringement action related to LEDs in the Nexus 7 and Nexus 10 tablets. Lexington Luminance v. Google, D Mass

  • Counsel to Shire Viropharma (later Takeda) in patent action related to orphan drug treatments for hereditary angioedema. Takeda Pharmaceuticals v. CSL Behring, D Del

  • Counsel to Momenta Pharmaceuticals in multiple patent infringement actions to enforce patents to novel methods for processing low molecular weight heparins. Momenta v. Teva; Momenta v. Amphastar, D Mass

  • Lead counsel to ECRM in action for patent infringement, trade secret misappropriation, Lanham Act claims, and other common law tort claims. Market Track v. ECRM, ND Ill

  • Lead counsel to NetBrain in patent infringement action related to network mapping software. Versata v. NetBrain, D Del

  • Defended Insulet in patent infringement action related to medical systems for blood glucose monitoring and insulin infusion. Becton Dickinson v. Insulet Corporation, DNJ

  • Defended Hewlett-Packard in patent action related to digital imaging technology, obtaining a favorable settlement. Polaroid Corp v. Hewlett-Packard, D Del

  • Counsel to Akamai in infringement litigation to enforce multiple patents related to internet content delivery and routing. Akamai Technologies v. Speedera Networks, D Mass

  • Represented Iovate in patent and trademark infringement case relating to patents on novel nutritional supplements, Iovate Health Sciences v. Allmax Nutrition, D Mass

  • Lead counsel to Starbak in multiple patent infringement actions involving videoconferencing and video streaming technology. Starbak Communications v. Tandberg SA, D Mass & D Del

  • Defended Global Marine Systems in patent infringement suit involving clamp assemblies for submarine telecommunications cables. Global Marine Systems v. Tyco Electronics Corp, D Mass

Work History

Scenic view of turquoise lake with mountainous background and grassy foreground.

  • Various volunteer legal work, 2022-present

  • Partner (retired), Choate, Hall & Stewart, LLP, 2002-2020

  • Partner, Hill & Barlow, 1995-2001

  • Associate, Goodwin Procter LLP, 1993-1995;

  • Law Clerk, Honorable William G. Young, U.S. District of Massachusetts, 1992-1993;

  • Management Information Consultant, Anderson Consulting (now Accenture), 1987-1989.

Education

  • Stanford University (JD, with distinction, Stanford Law Review, 1992)

  • Lafayette College (A.B. Economics, magna cum laude, 1987).

Professional and Community Involvement

  • Mr. Winston is past co-chair of the Boston Bar Association’s Intellectual Property Law Section and a member of the American Bar Association.  He has also been a member of American Intellectual Property Law Association and served on the board of editors for the AIPLA Quarterly Journal, and served on the Attorney Advisory Committee on Local Rules for the US District of Massachusetts.  Mr. Winston served on the board of trustees of the Cambridge YMCA, and for many years acted as a coach for Newton Girls Soccer.

Publications and Presentations

  • Mr. Winston has written on intellectual property and litigation subjects for publications including the IP Litigator, IP Law360, Mass High Tech, Boston Business Journal, Boston Bar Journal and Banker & Tradesman. He co-authored the copyright chapter in MCLE’s book, Business Torts in Massachusetts. Mr. Winston served as an Advisor to the Harvard Law School Trial Advocacy Workshop. His past publications include:

  • "DTSA’s Promise Of Uniformity Remains Unfulfilled," co-author, IP Law360, June 2016.

  • "The Supreme Court Speaks...Again," panelist, BIO IPCC Fall Conference, November 2015.

  • “IP Agreements: Structuring Indemnification and Limitation of Liability Provisions to Allocate Infringement Risk," panelist, Continuing Legal Education Webinar, September 2015.

  • “2nd Circ. Set to Weigh in on CFAA Circuit Split,” author, Appellate Law360, July 2015.

  • “Mega Damages in Peril After Fed. Circ. Nixes Apple Verdict,” quoted, IP Law360, September 2014.

  • “Inside the 3 Busiest Patent Litigation Forums,” co-author, IP Law360, August 2014.

  • “Focus on Meaningful Indemnity Language in Tech Licenses,” co-author, IP Law360, September 2013.

  • “How Bowman V. Monsanto May Wreak Havoc On Biotechnology,” co-author, Life Sciences Law360, April 2013.

  • “Internet and Digital Archiving,” panelist, Canada’s Public Policy Forum, January 2013.

  • “Strategies for Fighting Global Trade Secret Theft,” co-author, IP Law360, September 2012.

  • "Mayo v. Prometheus: Impact on Patents," speaker, BioFinance, Toronto, Canada, May 2012.

  • “Defending Trade Secrets in the E-Discovery Era,” co-author, Intellectual Property Law360, November 2011.

  • “Using the Internet for Litigation and Prosecution in the New Information Age,” moderator, AIPLA Mid-Winter Meeting, February 2011.

  • “Due Process Implications of Patent Claims Limits,” co-author, Intellectual Property Law360, December 2010.

  • “Applying [Patent] Exhaustion to Combined Components,” co-author, Intellectual Property Law360, February 2010.

  • "Remedies, Declaratory Judgment Actions and Litigation Strategies in the Future," speaker, Michigan Bar Assoc., Detroit, Michigan, December 2009.

  • "Resetting the Judicial Doctrine of Equitable Estoppel," speaker, ABA-IP Roundtable Lunch Program, December 2009.

  • “Defendant Use of Attorney Opinions under Broadcom,” co-author, Intellectual Property Law360, August 2009.

  • “Intellectual Property Litigation: Recent Supreme Court Precedent’s Effect on Remedies, Declaratory Judgment Actions and Litigation Strategies,” co-author, IP Litigator, May/June 2009.

  • “Top Ten Developments in Patent Law in 2008,” speaker and author, IP Year in Review, Boston Bar Association, January 2009.

  • "Remedies, Declaratory Judgment Actions and Litigation Strategies in the Future," speaker, AIPLA Annual Meeting, Washington DC, October 2008.

  • “Trade Secrets and Patents,” speaker, MCLE Intellectual Property Conference 2007, June 2007.

  • “Trial of a Patent Case,” moderator, AIPLA Spring Meeting, May 2007.

  • “The Nuts and Bolts of Patent Preparedness, Those Warm and Fuzzy Letters that Precede Litigation,” speaker, In-house counsel training series, 2007.