Darren concentrates his practice in intellectual property and commercial technology matters, advising both technology industry leaders and middle market and emerging growth technology companies on the development, protection, enforcement and commercialization of intellectual property.
Darren develops overall patent filing strategies and drafts, prosecutes and enforces a wide range of patents in complex industries, including telecommunications, semiconductor fabrication, software, network security systems, digital imaging, control systems, guidance and navigation systems, display systems and both analog and digital electronics. He represents clients in enforcing and defending their patent rights in federal court and has managed cases on behalf of clients ranging from single actions asserted by non-practicing entities to large multi-district bet-the-company actions between die hard competitors, aggressively pursuing or defending each action to provide clients with favorable resolutions to costly and uncertain litigation. Darren also represents clients in other disputes in front of the U.S. Patent Office, including Inter Partes Reviews.
Additionally, Darren conducts infringement and validity patent investigations as part of acquisitions and product clearance studies. He frequently conducts audits of intellectual property, determines suitable avenues of protection and/or registration and evaluates how best to leverage and/or commercialize assets. He also develops licensing portfolios, assesses the feasibility of patent enforcement and has participated in a wide range of patent licensing and enforcement efforts. With a comprehensive knowledge of technical and industry standards, particularly with regards to telecommunications, Darren has negotiated licenses, developed and evaluated patent portfolios, and litigated claims on behalf of clients in connection with intellectual property protection and enforcement of patents directed to standards required to operate in particular industries.
Darren is experienced in drafting commercial agreements and routinely develops and negotiates agreements involving complex supply chains, the development, transfer and utilization of technology, the manufacture, integration, resale and distribution of technology products, the provision of IT, BPO, and other outsourcing arrangements, and the formation of a wide variety of collaborative relationships between commercial partners.
Darren frequently represents private equity firms in connection with the assessment of commercial and intellectual property risks of acquisitions and the negotiation of strategic operating, supply, and services agreements related to the acquisition. He also represents their portfolio companies on intellectual property and commercial matters with the goal of limiting issues that may impact their exit from the portfolio companies in a future transaction.
Before rejoining McGuireWoods, Darren served as co-chairman of the intellectual property department of another Am Law 100 law firm.
Representative Litigation Matters
- Telecommunications Research Laboratories v. Earthlink, Inc., et al. (E.D. Tex. [Marshall Div.] 2012) – Lead counsel for Masergy Communications in a patent infringement action brought by plaintiff against multiple defendants involving fault correction in mesh telecommunication networks. The case was favorably settled for Masergy.
- Brooks Instrument, LLC and BI Products, LLC v. MKS Instruments, Inc. (E.D. Texas [Tyler Div.] 2010) – Managing counsel representing Brooks Instrument and BI Products in multi-patent dispute involving digital mass flow meters used in semiconductor processing. The case settled shortly before the completion of written discovery.
- Brooks Instrument, LLC and BI Products, LLC v. MKS Instruments, Inc. (E.D. Texas [Tyler Div.] 2010) – Managing counsel representing Brooks Instrument and BI Products in multi-patent dispute involving digital capacitance diaphragm gauges used in semiconductor processing. The case settled shortly before the completion of written discovery.
- Brooks Instrument, LLC and BI Products, LLC v. MKS Instruments, Inc. (D. Mass. 2010) – Managing counsel representing Brooks Instrument and BI Products in multi-patent infringement, trade secret misappropriation, and breach of contract dispute involving pressure-intransient mass flow controllers used in semiconductor processing. The case settled shortly before claim construction submissions.
- VoxPath Networks, Inc. v. Verizon Communications, Inc., et al. (E.D. Tex. [Sherman Div.] 2008) – Managing counsel for Embarq Communications Corp. in a multi-patent action brought by plaintiff against multiple defendants involving voice over Internet protocol. The case settled prior to the Markman hearing.
- Klausner Technologies, Inc. v. Verizon Wireless, et al. (E.D. Tex. [Tyler Div.] 2008) – Managing counsel for Embarq Communications Corp. in a patent infringement action brought by plaintiff against multiple defendants involving voice mail technology. The case was favorably settled for Embarq.
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Northern District of Texas
- U.S. Patent and Trademark Office
- Speaker, "Protection", What You Need to Know: Protection, Enforcement and Defense of Trade Secrets, September 21, 2022
- Moderator, "Patent Prosecution and Litigation Issues Impacting the Medical Device Industry", 7th Annual Medical Device and Life Sciences Conference, November 19, 2015
- New York UniversityJD1997
Texas A&M UniversityBSEE
Selected for inclusion in The Best Lawyers in America, Patent Law, Woodward/White, Inc., 2024
Selected for inclusion in America’s Leading Lawyers for Business, Intellectual Property, Texas, Chambers USA, 2017-2023
Named to “Best Lawyers in Dallas,” D Magazine, 2018
Selected for inclusion as a “Leading Lawyer,” Intellectual Property: Patents: Licensing, Texas, Legal 500 US, 2017
- Author, Five Key Takeaways: Protection of Trade Secrets, McGuireWoods Legal Alert, October 18, 2022